Is a plaintiff entitled to a loss of capital asset as a result of her loss of future earning capacity?
British Columbia, Canada
The following excerpt is from McLean v. Kraft, 2015 BCSC 2212 (CanLII):
The plaintiff submits and I agree that the capital asset approach to assessing her loss of future earning capacity is the correct approach. The law in that regard is set out by Garson J.A. in the case of Perren v. Lalari, 2010 BCCA 140 at para. 32:
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