What is the test for loss earning capacity in a personal injury claim?
British Columbia, Canada
The following excerpt is from Raptis v Chalabiani, 2017 BCSC 1548 (CanLII):
The legal principle that governs the assessment of loss earning capacity is that, insofar as possible, the plaintiff should be put in the position she would have been in but for the injuries caused by the defendants’ negligence: Gregory v. Insurance Corporation of British Columbia, 2011 BCCA 144 at para. 32.
The legal framework that informs an award for loss of earning capacity was instructively summarized by Madam Justice Dardi in Midgley v. Nguyen, 2013 BCSC 693:
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