What is the proper head of damages for loss of earning capacity in a motor vehicle accident?
British Columbia, Canada
The following excerpt is from Cash v. Wong, 1996 CanLII 1401 (BC SC):
49 The proper approach to this head of damages has its genesis in Andrews v. Grand & Toy, 1978 CanLII 1 (SCC), [1978] 2 S.C.R. 229 at p.251: We must now gaze more deeply into the crystal ball. What sort of a career would the accident victim have had? What were his prospects and potential prior to the accident? It is not loss of earnings but, rather, loss of earning capacity compensation must be made ...
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