What is the test for a plaintiff to claim damages for past loss of earning capacity?
British Columbia, Canada
The following excerpt is from Lewis v Rubboli, 2018 BCSC 17 (CanLII):
On a claim for past loss of earning capacity, the plaintiff must first establish on a balance of probabilities that the injuries he sustained caused an impairment of his earning capacity. Then, in determining what might have happened in the past to enable the plaintiff to earn income, but for the accident, the court must decide if the event was a real and substantial possibility, and then determine the likelihood of it occurring. See Smith v. Knudsen, 2004 BCCA 613, at paras. 28, 29, 36 and 37; and Grewal, at para. 49.
"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
What is the test for a plaintiff to claim damages for future loss of earning capacity? (British Columbia, Canada)
What is the test for a plaintiff to claim damages for loss of earning capacity? (British Columbia, Canada)
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)
In what circumstances will a plaintiff be denied a claim for damages for loss of future earning capacity? (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)
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 the context of diminished earning capacity, what is the proper analysis of past and future diminished earnings capacity? (British Columbia, Canada)
Is there any case law that supports the argument that past loss of earning capacity affects future earning capacity? (British Columbia, Canada)
Is there a loss of earning capacity when there is no reduction in income earning capacity? (British Columbia, Canada)
What is the test for a plaintiff to claim damages for past and future loss of income capacity? (British Columbia, Canada)
