What is the test for advancing a claim under a plaintiff’s right to claim for diminished income?
British Columbia, Canada
The following excerpt is from Wilby v. Hyatt, 2008 BCSC 1019 (CanLII):
The plaintiff’s claim under this heading is advanced on the basis that her capacity to earn income has been diminished by the injuries received in the accident, consistent with the approach mandated by D’Amato v. Badger, 1996 CanLII 166 (SCC), [1996] 2 S.C.R. 1071 at ¶53.
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