What is the difference between a plaintiff and the court when it comes to valuing damages for loss of capacity?
British Columbia, Canada
The following excerpt is from Stapleton v Andrew, 2019 BCSC 678 (CanLII):
Whichever option a court chooses, when valuing these different types of awards, courts should pay heed to the differing rationales behind them. In particular, when valuing the pecuniary damages for the loss of capacity suffered by a plaintiff, courts may look to the cost of hiring replacement services, but they should ensure that any award for that loss, and any deduction to that award, is tied to the actual loss of capacity which justifies the award in the first place. See also: Riley v. Ritsco, 2018 BCCA 366.
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