What is the test for an award for past loss of opportunity and diminished earning capacity?
British Columbia, Canada
The following excerpt is from Ranahan v. Iron Horse Enterprises & Logistics Inc., 2017 BCSC 759 (CanLII):
The essential purpose of an award for past loss of opportunity and diminished earning capacity is to provide the plaintiff with full compensation for all of his pecuniary losses, subject to rules of remoteness and mitigation: Andrews v. Grand & Toy Alberta Ltd. (1978), 1978 CanLII 1 (SCC), 83 D.L.R. (3d) 452.
It is the difference between the plaintiff’s original position just before occurrence of the negligent act or omission, and the injured position after and as a result of such act or omission, that comprises the plaintiff’s loss: Athey v. Leonati, 1996 CanLII 183 (SCC), [1996] 3 S.C.R. 458 at paras. 34-35.
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