What is the test for recovery for loss of income capacity?

British Columbia, Canada

The following excerpt is from Lewis v. Scheer, 2014 BCSC 573 (CanLII):

In Perren v. Lalari, 2010 BCCA 140, our Court of Appeal set forth, at para. 32, the rule that there must be a “real and substantial possibility of a future event leading to an income loss” for there to be recovery for loss of income capacity. The loss may be quantified using the earnings approach or the capital asset approach.

Other Questions

If a child has a higher income earning capacity than a mother, is the child's income producing capacity more likely to be higher than that of the mother? (British Columbia, Canada)
When assessing past loss of income or earning capacity, does the court consider past loss in income or future earning capacity? (British Columbia, Canada)
What is a plaintiff's loss of future income or capacity to earn income as a result of his injuries? (British Columbia, Canada)
Is a party’s income for income tax purposes considered income for purposes of determining child support obligations? (British Columbia, Canada)
Is there a loss of earning capacity when there is no reduction in income earning capacity? (British Columbia, Canada)
How is lost income earning capacity assessed in the context of loss of income for the purposes of a disability assessment? (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)
How to calculate future income loss in the context of loss of income earning capacity? (British Columbia, Canada)
Is a self-employed real estate agent who receives income through his Personal Preference Tax Credit (PTC) entitled to income from a spouse's pre-tax income? (British Columbia, Canada)
How is a plaintiff's capacity to earn income calculated when they have lost their capacity to work? (British Columbia, Canada)

Alexi white

"The most advanced legal research software ever built."

Trusted by top litigators from across North America.