What is the test for determining whether a plaintiff’s earning capacity will be diminished as a result of injury?
British Columbia, Canada
The following excerpt is from Donnici v. Chan, 1995 CanLII 1423 (BC SC):
37 Pallos was considered by Hogarth J. in Grund v. Norberg, (16 February 1995, No. S0-1150 New Westminster) where at paragraphs 57 and 58 he concluded the authorities require consideration of two tests. The first is whether "at the time of trial the plaintiff has a compensable disability [such that she] will be in the future, less capable of earning ...." The second is whether there is a substantial possibility the plaintiff’s injury will "...at some future date ... cause changes or conditions that result in disability to the extent ..." the capital asset of earning capacity will be diminished.
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