What is the test for an award for future income loss?
British Columbia, Canada
The following excerpt is from Gallina v. Honda Canada Finance Inc., 2014 BCSC 974 (CanLII):
The Court of Appeal discussed an award for future income loss in Perren v. Lalari, 2010 BCCA 140. As set out in para. 32: A plaintiff must always prove … that there is a real and substantial possibility of a future event leading to an income loss. If the plaintiff discharges that burden of proof, then depending upon the facts of the case, the plaintiff may prove the quantification of that loss of earning capacity, either on an earnings approach … or a capital asset approach…. The former approach will be more useful when the loss is more easily measurable … The latter approach will be more useful when the loss is not as easily measurable…. A plaintiff may indeed be able to prove that there is a substantial possibility of a future loss of income despite having returned to his or her usual employment. … But … an inability to perform an occupation that is not a realistic alternative occupation is not proof of a future loss.
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