Is there a diminution in the earning capacity of a plaintiff who was injured in a motor vehicle accident?
British Columbia, Canada
The following excerpt is from Crane v. Lee, 2011 BCSC 898 (CanLII):
However, I am satisfied that there has been a diminution of the plaintiff’s earning capacity. In order to establish such a claim, the plaintiff must prove that there is a real and substantial possibility of income loss in the future: Perren v. Lalari, 2010 BCCA 140. The plaintiff has continued to work in the same field she worked in before the accident, but has had to find ways to avoid or obtain help with certain activities. That limitation has not prevented her from maintaining her income at the pre-accident level.
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