In a motor vehicle accident case, is a plaintiff entitled to an annual loss of income from his after tax income as a result of his personal expenses?
British Columbia, Canada
The following excerpt is from Killeen v. Kline, 1982 CanLII 418 (BC CA):
But many of the guiding rules that have developed as an aid in the mathematical approach, such as the use of income figures net of tax in fatal accident benefit calculations, (see Keizer v. Hanna, supra) or the use of the result obtained by deducting the deceased's estimated personal expenditures from his estimated after tax annual income to give the annual lost benefit, are at best subordinate principles of law that must give way to the overriding principle that the trial judge must assess an amount of damages that represents fair full monetary compensation for future pecuniary loss.
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