What is the test for determining the result of a plaintiff’s disability?
British Columbia, Canada
The following excerpt is from Boparai v. Boparai Estate, 2014 BCSC 1539 (CanLII):
After answering those questions the judge must go on to “make findings of fact as to the nature and extent of the plaintiff's loss of capacity and how that loss may impact the plaintiff's ability to earn income”. Although it is not meant to be a mathematical calculation, adopting this method does not relieve a judge from providing reasons for the resulting award: Morgan v. Galbraith, 2013 BCCA 305, at para. 56.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for determining whether a plaintiff is entitled to a reduction in his retirement income as a result of the loss of a portion of his disability benefits? (British Columbia, Canada)
What is the difference between a plaintiff and a plaintiff who asserts that their engagement is at an end because of disability and resultant absence from work? (British Columbia, Canada)
When will a plaintiff's loss be determined as a result of the actions of Lindt & Spruengli? (British Columbia, Canada)
What is the test for determining whether a plaintiff’s pain and discomfort is a result of the accident in September 2009? (British Columbia, Canada)
What is the test for determining whether a defendant is responsible for an injury suffered by a plaintiff as a result of their actions? (British Columbia, Canada)
What is the test for determining whether a plaintiff was injured as a result of a motor vehicle accident? (British Columbia, Canada)
What is the test for determining whether there is a loss of income for a plaintiff as a result of a motor vehicle accident? (British Columbia, Canada)
What is the test for determining whether a plaintiff can claim damages for loss of income as a result of a motor vehicle accident? (British Columbia, Canada)
What is the standard of review applied by the Court of Appeal in determining the apportionment of fault between a plaintiff and plaintiff? (British Columbia, Canada)
What is the test for determining whether a hypothetical or speculative opportunity can be used to determine damages for future loss of earnings as a result of a motor vehicle accident? (British Columbia, Canada)
