What is the test for assessing future income loss in a motor vehicle accident?
British Columbia, Canada
The following excerpt is from Briggs v Guliker, 2019 BCSC 1441 (CanLII):
The goal of assessing a plaintiff’s future income loss is to restore them to the economic position they would have been in but for the accident: Rosvold v. Dunlop, 2001 BCCA 1 at paras. 8-11.
As set out in Steward v. Berezan, 2007 BCCA 150 at para. 17, the plaintiff bears the onus of proving a substantial possibility of a future event leading to an income loss. Once proven, the court must then award compensation on an estimation of the chance that the event will occur.
In Reilly v. Lynn, 2003 BCCA 49, the court summarized the relevant principles engaged in assessing damages for future earning capacity losses at paras. 100-101:
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