What is the quantum of loss of earning capacity for a plaintiff?
British Columbia, Canada
The following excerpt is from Fell v. Morton, 2012 BCSC 428 (CanLII):
As set out in Perren v. Lalari, 2010 BCCA 140, loss of earning capacity is a pecuniary head of damages. As such, the plaintiff will be awarded damages for loss of earning capacity only if she is able to prove, on the standard of real and substantial possibility, that she is going to be out-of-pocket; that is, that she will earn less in future with her injuries than she would have without them.
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