What is the test for a trial judge when dealing with a loss of earning capacity claim?
British Columbia, Canada
The following excerpt is from Hayhurst v. Rees, 2014 BCSC 1714 (CanLII):
In Toopitsin v. McMullen, 2014 BCSC 1486, Mr. Justice Rogers succinctly summarized what a trial judge considers when dealing with a claim for loss of earning capacity. At paras. 37-38, he writes:
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