Is a plaintiff entitled to damages for diminished earning capacity?
British Columbia, Canada
The following excerpt is from Nair v. Cindric, 2013 BCSC 2128 (CanLII):
The defendant cites Harris v. Xu, 2013 BCSC 1257 [Harris], where Madam Justice Adair held that a plaintiff who can demonstrate a diminishment in earning capacity but who cannot demonstrate any substantial possibility that the lost capacity will result in a pecuniary loss is not entitled to damages (at para. 134). Madam Justice Adair held that the plaintiff there had not satisfied that burden and she dismissed the claim for damages for loss of earning capacity.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
In a loss of future earning capacity case, is a plaintiff entitled to an award for loss of earning capacity? (British Columbia, Canada)
In the context of diminished earning capacity, what is the proper analysis of past and future diminished earnings capacity? (British Columbia, Canada)
Is a plaintiff entitled to general damages for loss of earning capacity? (British Columbia, Canada)
Is a plaintiff entitled to damages for loss of capacity to earn? (British Columbia, Canada)
In assessing future loss of earning capacity for loss of past and future earning capacity, what is the test for a loss of future earnings allowance? (British Columbia, Canada)
Is a plaintiff entitled to damages for loss of earning capacity? (British Columbia, Canada)
Is a plaintiff entitled to damages for loss of future earning capacity? (British Columbia, Canada)
Is there any case law that supports the argument that past loss of earning capacity affects future earning capacity? (British Columbia, Canada)
What is the range of factors used in determining damages for a plaintiff’s loss of future earning capacity under the capital asset method? (British Columbia, Canada)
Is a plaintiff entitled to recover damages from a defendant for damage caused to his back? (British Columbia, Canada)
