What is the test for determining whether a plaintiff’s earning capacity has been impaired by the injuries sustained in a motor vehicle accident?

British Columbia, Canada


The following excerpt is from Nahal v. Ram, 2016 BCSC 39 (CanLII):

The trial judge first addressed the question of whether the plaintiff’s earning capacity had been impaired to any degree by the injuries caused by the accident. She referred to Athey v. Leonati, 1996 CanLII 183 (SCC), [1996] 3 S.C.R. 458, 140 D.L.R. (4th) 235 at para. 27 for the proposition that a future or hypothetical possibility will be taken into consideration as long as it is a real and substantial possibility and not mere speculation. She also referred to Sinnott v. Boggs, 2007 BCCA 267, 69 B.C.L.R. (4th) 276, which she considered to be of particular assistance because it also involved a young person not yet settled into a career. The judge concluded that a loss of future earning capacity had been proven by the plaintiff.

Other Questions


What is the test for determining whether a plaintiff’s earning capacity will be impaired by the injuries sustained in a motor vehicle accident? (British Columbia, Canada)
Does loss of earning capacity award for a motor vehicle accident take into account factors which would have reduced income earning capacity even without the accident? (British Columbia, Canada)
What is the test for determining whether a defendant is liable for injuries sustained by a plaintiff in a motor vehicle accident? (British Columbia, Canada)
Does a plaintiff have to prove that the injuries to her back and nose were caused by the injuries sustained in a motor vehicle accident? (British Columbia, Canada)
What is the test for determining whether a defendant is liable for injuries sustained in a motor vehicle accident? (British Columbia, Canada)
What is the test for determining whether a motor vehicle accident is an accident or an accident? (British Columbia, Canada)
What is the test for determining whether a hypothetical or speculative opportunity can be used to determine damages for future loss of earnings as a result of a motor vehicle accident? (British Columbia, Canada)
What is the test for determining whether a plaintiff has impaired their earnings capacity or capital asset capacity? (British Columbia, Canada)
What is the test for determining whether a defendant can be held liable for injuries sustained in a motor vehicle accident? (British Columbia, Canada)
What is the test for determining whether a defendant is liable for injuries sustained as a result of a motor vehicle accident? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.