Diminished earning capacity was recently considered by our Court of Appeal in Steward v. Berezan, 2007 BCCA 150 at paras.16-17. The plaintiff must prove a real and substantial possibility of a future event leading to an actual income loss. The possibilities of such losses are to be given weight according to their relative likelihood. There is a duty on the plaintiff to mitigate his damages by seeking work that he can pursue despite his injuries and he may have to pursue training or education to qualify for such work.
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