Is a plaintiff entitled to general damages for loss of earning capacity?
British Columbia, Canada
The following excerpt is from Spurgeon v. Smith, 2009 BCSC 1526 (CanLII):
The plaintiff also cited Sinnott v. Boggs, 2007 BCCA 267 at para. 15, in support of the proposition that although the plaintiff is able to work, just at a reduced capacity, he is still entitled to some amount reflecting this lost capacity: The line between non-pecuniary damages and damages for loss of earning capacity is between losses that sound in pain and suffering and non-remunerative amenities on the one hand, and pecuniary loss in the form of reduced ability to earn income on the other. There is no reason why an injury which permits a plaintiff to continue in a particular occupation but at a reduced level of performance and income should not be compensated for that pecuniary loss through damages, for loss of earning capacity.
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