What is the capital asset approach to the loss of future earning capacity for a plaintiff?
British Columbia, Canada
The following excerpt is from Cook v. Symons, 2014 BCSC 1781 (CanLII):
The capital asset approach to the plaintiff’s loss of future earning capacity involves a consideration of the factors identified in Brown v. Golaiy, supra. The plaintiff has chronic pain and significant mobility limitations, both of which may or may not be improved by knee replacement surgery some years into the future. He also suffers from depression and emotional difficulties which will likewise continue into the future. In these circumstances, the evidence establishes that each factor identified in Brown v. Golaiy applies in this case and significantly so.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
In assessing future loss of earning capacity for loss of past and future earning capacity, what is the test for a loss of future earnings allowance? (British Columbia, Canada)
Is a plaintiff entitled to a loss of capital asset as a result of her loss of future earning capacity? (British Columbia, Canada)
What is the test for determining whether a plaintiff has impaired their earnings capacity or capital asset capacity? (British Columbia, Canada)
What is the impact of loss of future earning capacity on future earnings capacity? (British Columbia, Canada)
What is the test for a claim for future income loss under an earnings approach or capital asset approach? (British Columbia, Canada)
When assessing future earning capacity, when assessing loss of future earnings capacity, has the court ever considered a loss of income projection or projection? (British Columbia, Canada)
What is the test for determining whether a plaintiff has a capital asset under the capital asset approach? (British Columbia, Canada)
What is the range of factors used in determining damages for a plaintiff’s loss of future earning capacity under the capital asset method? (British Columbia, Canada)
In a loss of future earning capacity case, is a plaintiff entitled to an award for loss of earning capacity? (British Columbia, Canada)
How is loss of future income earning capacity calculated in the capital asset approach? (British Columbia, Canada)
