Is there an award for diminished earning capacity for a millwright?
British Columbia, Canada
The following excerpt is from Mandra v. Lu, 2014 BCSC 2199 (CanLII):
The defendant submits there should be no award for loss of future capacity as the plaintiff was able to return to his job at Ebco following the accident and thus did not lose any further income as a millwright, per Mayenburg v. Lu, 2009 BCSC 1308. The plaintiff in that case was able to return to work with some minor accommodations from her employer and some discomfort and received no award for diminished earning capacity as there was no evidence of a substantial possibility of a future loss.
"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 the context of diminished earning capacity, what is the proper analysis of past and future diminished earnings capacity? (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)
In assessing future loss of earning capacity for loss of past and future earning capacity, what allowances must be made and the award must be fair? (British Columbia, Canada)
In a loss of future earning capacity case, is a plaintiff entitled to an award for loss of earning capacity? (British Columbia, Canada)
Does loss of earning capacity award for a motor vehicle accident take into account factors which would have reduced income earning capacity even without the accident? (British Columbia, Canada)
What is the impact of loss of future earning capacity on future earnings capacity? (British Columbia, Canada)
What is the impact of loss of future earning capacity on an individual’s 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 test for an award for past loss of opportunity and diminished earning capacity? (British Columbia, Canada)
Is there a loss of earning capacity when there is no reduction in income earning capacity? (British Columbia, Canada)
