Nevertheless, I accept there was some loss. The amount is difficult to assess. The plaintiff relies upon Steward v. Berezan, 2007 BCCA 150, in which Donald J.A., speaking for the court, said at para. 7: The plaintiff is a realtor who suffered a serious injury disabling him from performing as well as his peers in the same office for about four years. The amounts awarded for each of the years in question are not linked to any particular lost opportunities or evaluated by reference to a defined formula but, as hypothetical past losses, they had to be estimated rather than calculated. Generally speaking, the plaintiff did not enjoy the same increase in his earnings in a rising market as the other realtors used for comparison. There was a sufficient basis in the record supporting the plaintiff’s claim for past loss in the amount awarded.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.