What is the test for a loss of future income earning capacity in a motor vehicle accident?
British Columbia, Canada
The following excerpt is from Mar v. Young, 2009 BCSC 1251 (CanLII):
The law in this area is well established. The often quoted passage of Dickson, J. in Andrews v. Grand & Toy Alberta Ltd., 1978 CanLII 1 (SCC), [1978] 2 S.C.R. 229 at 251, sets out the task of the court in determining what the plaintiff’s prospects and potential opportunities were prior to being injured. The law is also clear that it is not compensation for a loss of earnings that is awarded under this head of damages, but a loss of earning capacity. If a loss of future income earning capacity is found to exist then there is the added problem of trying to value the loss.
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