What is the test for assessing damages for future loss of earning capacity?
British Columbia, Canada
The following excerpt is from Lewis v Gibson, 2018 BCSC 1713 (CanLII):
Once a real and substantial possibility of a future event leading to an income loss is established, as is the case here with the plaintiff's inability to work the ship foreman position, the court may adopt either an earnings approach or a capital asset approach to the assessment of damages for future loss of earning capacity. The earnings approach will be more appropriate when the loss is more easily measurable; the capital asset will be more useful when the loss is not as easily measurable: Perren at para. 32; Westbroek v. Brizuela, 2014 BCCA 48 at para. 64. As will be seen in the analysis below, I find that the plaintiff's loss of earning capacity is not easily measurable. Accordingly, the capital asset approach is more appropriate.
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