What is the legal test for calculating future loss of earnings as a result of a loss of capital assets?
British Columbia, Canada
The following excerpt is from Kwong v. Leonard, 2012 BCSC 1818 (CanLII):
The appropriate legal principles to be applied are as follows: 1. The claimant bears the onus of proving a substantial possibility of a future event leading to an income loss, and the court must then award compensation on an estimation of the chance that the event will occur. 2. Compensation may be available for loss of earning capacity, in an appropriate case, rather than for a calculation of future loss of earnings. A future or hypothetical possibility of a future event must not be one of mere speculation; it will only be taken into consideration if it is a real and substantial possibility. 3. The capital asset approach is more appropriate where the loss, though proven, is not measurable in a pecuniary way: Perren v. Lalari, 2010 BCCA 140.
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