How is loss of income earning capacity assessed before trial and after trial?
British Columbia, Canada
The following excerpt is from Pickwell v Rotter, 2022 BCSC 18 (CanLII):
There are differences in how the loss of income earning capacity is assessed before trial and after trial. To the extent past loss of capacity relies on facts which are capable of proof, those facts must be proven on the balance of probabilities. To the extent past loss of capacity relies on hypothetical facts, the court must be satisfied that there is a real and substantial possibility of such facts occurring. The court may assess the likelihood of such hypothetical facts occurring, and discount or increase an award to reflect such contingencies: Hartmann v. MMS Homes Ltd., 2021 BCSC 2165 at para. 123.
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