In my view the plaintiff has been rendered less capable of earning income as a result of the 2011 accident. Fortunately, she has had the benefit of an employer who is very willing to accommodate her limitations and her co-workers assist her (more than they did before the accident). If the plaintiff had to move to other employment it is reasonable to conclude that her physical and psychological limitations and age of 53 years would make her less marketable as an employee. The defendant relies on previous cases where no damages for loss of future earning capacity were the result, including Tomana v. Galvin, 2015 BCSC 2451. However, the finding in that case was that there were no residual symptoms that would adversely affect the plaintiff’s ability to obtain gainful employment (at para. 37).
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