What is the proper way to assess future loss of capital as a form of capital asset?
British Columbia, Canada
The following excerpt is from De Vries v. Poltorak, 2013 BCSC 2527 (CanLII):
Where the future loss cannot be measured in a pecuniary way, as in the case at bar, the proper approach is to assess the loss as a form of capital asset by considering the factors described by Mr. Justice Finch in Brown v. Golaiy: 8 The means by which the value of the lost, or impaired, asset is to be assessed varies of course from case to case. Some of the considerations to take into account in making that assessment include whether: 1. The plaintiff has been rendered less capable overall from earning income from all types of employment; 2. the plaintiff is less marketable or attractive as an employee to potential employers; 3. the plaintiff has lost the ability to take advantage of all job opportunities which might otherwise have been open to him, had he not been injured; and 4. The plaintiff is less valuable to himself as a person capable of earning income in a competitive labour market.
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