What is the test for determining whether a plaintiff has a capital asset under the capital asset approach?
British Columbia, Canada
The following excerpt is from Dinnissen v Lee, 2019 BCSC 1729 (CanLII):
Justice Finch, as he then was, in Brown v. Golaiy, 1985 CanLII 149 (cited with approval in Perren), set forth four key factors under the capital asset approach. The four factors are: 1. The plaintiff has been rendered less capable overall from earning income from all types of employment; 2. The plaintiff is less marketable or attractive as an employee to potential employers; 3. The plaintiff has lost the ability to take advantage of all job opportunities which might otherwise have been open to him or her, had he or she not been injured; and 4. The plaintiff is less valuable to himself or herself as a person capable of earning income in a competitive labour market.
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