What is the burden of proving impairment of a realistic employment opportunity?
British Columbia, Canada
The following excerpt is from Manson v. Kalar, 2011 BCSC 373 (CanLII):
In every case involving a future loss of income earning capacity claim, the plaintiff bears the burden of proving there is a substantial possibility of a future event leading to an income loss. Here I find the plaintiff has not proven impairment of a realistic employment opportunity and accordingly, there is no need to consider an assessment of this claim adopting either an income approach or the capital asset approach (Steward v. Berezan, 2007 BCCA 150).
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