What is a management fee for loss of past income or loss of earnings?
British Columbia, Canada
The following excerpt is from Pawlak v. Doucette, 1984 CanLII 514 (BC SC):
The plaintiffs ask the court to award a management fee. Such a fee may be awarded to compensate the plaintiff for damages to be incurred in the investment management of the fund awarded in this case under the heading of “diminished earning capacity”. That award is intended to provide the plaintiff with compensation from the fund diminishing over time. Thus, it may be expected that a plaintiff will incur expense in acquiring advice as to the management of that fund. Such considerations do not come into account in relation to the award for loss of past income or non-pecuniary damages, because there is no expectation that these awards should sustain a plaintiff over time: Lewthwaite v. Godin (1984), 1984 CanLII 861 (BC SC), 53 B.C.L.R. 360 (S.C.).
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