What is the test for assessing loss of future earning capacity for a plaintiff?
British Columbia, Canada
The following excerpt is from Marcena v Thomson, 2019 BCSC 1287 (CanLII):
There are two possible approaches to assessing loss of future earning capacity: the “earnings approach” and the “capital asset approach”. Regardless of the approach taken, the court must seek to compare the plaintiff’s likely employment future if the accident had not occurred, with the plaintiff’s likely employment future after the accident: Gregory v. Insurance Corporation of British Columbia, 2011 BCCA 144 at para. 32.
In Rosvold v. Dunlop, 2001 BCCA 1 at para. 10, the court laid out the following factors that the court must consider under the capital asset approach:
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