What is the test for a loss of income award in a motor vehicle accident?
British Columbia, Canada
The following excerpt is from Chaudhry v Henville, 2021 BCSC 2318 (CanLII):
The pecuniary loss suffered by a plaintiff as a consequence of a motor vehicle accident, sometimes referred to as a loss of income claim, is compensated for with an award of damages for loss of earnings capacity. The award is divided into two parts: past loss of earning capacity and future loss of earning capacity. The purpose of both awards is restore an injured plaintiff to the position they would have been in if the accident had not occurred. Lines v. W & D Logging Co. Ltd., 2009 BCCA 106, at para. 185 [Lines].
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