Is a plaintiff entitled to an award for loss of future earning capacity if he is still able to work after the accident?
British Columbia, Canada
The following excerpt is from Tolea v Huang, 2021 BCSC 260 (CanLII):
Finally, a plaintiff is not excluded from an award for loss of future earning capacity simply because he is still able to work after the accident and even where his records of employment show that his income has been steady or increased since the accident. In Willett v. Rose, 2017 BCSC 627 [Willett], Justice Smith held:
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