How is prejudgment interest calculated in a claim for past loss earnings?
British Columbia, Canada
The following excerpt is from Bassett v. Paul Revere Life Insurance Co., 2002 BCSC 657 (CanLII):
The Court of Appeal in M.B. v. British Columbia, 2002 BCCA 142, recently dealt with the calculation of prejudgment interest on the loss of earning capacity in which counsel agreed that the award was special damages. Mackenzie J.A. stated at para. 116 that the method applied in Baart v. Kumar should be generally applied, irrespective of whether the claim is assessed as past loss earnings or past loss of earning capacity.
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