Is there any evidence supporting a plaintiff's claim for loss of earning capacity because she cannot work with I/T children?
British Columbia, Canada
The following excerpt is from Honeybourn v Aghdasidehaji, 2022 BCSC 258 (CanLII):
The defendants say there is no proof that the plaintiff cannot work with I/T children. They say that the only evidence on the point is the plaintiff’s fear or apprehension that working with I/T children will be beyond her because she will be in too much pain. As the plaintiff said, “why put myself at risk?” The defendants say subjective fears and theoretical concerns are not enough to ground a claim for loss of earning capacity, citing Luck v. Shack, 2019 BCSC 1172.
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