What is the test for quantifying future earning capacity for a plaintiff?
British Columbia, Canada
The following excerpt is from Afonina v. Jansson, 2015 BCSC 10 (CanLII):
So the approach, as submitted by both the plaintiff and the defendant based on Perren, is to first determine whether there is a real and substantial possibility that the injury will result in a loss of future earning capacity and then to quantify that loss on the basis of either an earnings approach or a capital asset approach. While quantifying the loss, the court recognises that the plaintiff has a duty to seek alternative work in order to mitigate her future loss; Parypa at para. 67. I also note the principles to be applied when assessing future earning capacity as summarized in Reilly v. Lynn, 2003 BCCA 49 at para. 101, and highlight in particular that the assessment of loss of future earning capacity requires the consideration of the overall fairness and reasonableness of the award, as well as contingencies to account for the fact that the court’s assumptions may be wrong.
"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 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)
When assessing future earning capacity, when assessing loss of future earnings capacity, has the court ever considered a loss of income projection or projection? (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)
What is the impact of loss of future earning capacity on future earnings capacity? (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)
What is the impact of a plaintiff's pre-accident earning pattern on loss of future earning capacity? (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)
Is there any case law that supports the argument that past loss of earning capacity affects future earning capacity? (British Columbia, Canada)
In the context of diminished earning capacity, what is the proper analysis of past and future diminished earnings capacity? (British Columbia, Canada)
What is the impact of loss of future earning capacity on an individual’s earning capacity? (British Columbia, Canada)
