In Kosoric v. Maitland, the plaintiff was 22 years old when she was involved in an accident. She had just finished high school and was about to start post-secondary education. At the time of trial she was two years into a four-year program leading to qualification as a registered nurse. Her physiatrist testified that she would probably have difficulty working full-time as a nurse and might be unsuitable to some kinds of nursing jobs. The trial judge noted that while the plaintiff continued to experience pain, her injuries had not limited either her work or her personal life (para. 115). Further, she concluded that if the plaintiff participated in the exercise routine that had been recommended by her various care givers it was likely that her symptoms would “substantially improve” (para. 118). The trial judge concluded that the plaintiff had not proven she would suffer any future wage loss as a result of her injuries. She reached this conclusion based in part on the plaintiff’s abilities and performance during that portion of her training program that she had completed by the time of trial, and in part on her conclusion that her symptoms would improve over time if she exercised in the manner recommended. In the result, no award was made for diminished income earning capacity.
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