Is there any case law supporting the argument that expert evidence is required to sustain a claim of loss of earning capacity?
British Columbia, Canada
The following excerpt is from Chamberlain v. Giles, 2008 BCSC 171 (CanLII):
As far as the argument regarding the necessity of expert evidence is concerned, medical evidence does not have to be led to sustain a claim of loss of earning capacity: Miscisco v. Small, 2001 BCCA 576. Rather, the whole of the evidence must be examined in considering whether or not damages should be awarded.
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