What is the test for a claim for past loss of income?
British Columbia, Canada
The following excerpt is from Dornan v Stephens, 2019 BCSC 701 (CanLII):
A claim for past loss of income is to be addressed on the basis of a lack of capacity, rather than as a mathematical formula. While pre-accident earnings are evidence of the value of earning capacity, they do not prescribe its value, and the overall fairness and reasonableness of an award must be considered, taking all relevant circumstances into account: Ibbitson v. Cooper, 2012 BCCA 249 at para. 19.
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