What is the test for calculating future loss of earning capacity?
British Columbia, Canada
The following excerpt is from Cathro v. Davis, 2008 BCSC 1645 (CanLII):
The court is not confined to a mathematical analysis of future loss of earning capacity. All of the factors described above must be considered. As Mr. Justice Hall said in Hay v. Hofmann, 1999 BCCA 26 at para. 67: … a trial judge, in deciding on an award of damages under the heading of anticipated future loss, whatever term one actually uses, ought to endeavour to make an informed estimate or assessment of anticipated loss as opposed to merely undertaking to do a computation. Because one is considering the future which has about it always an aspect of the unknowable, contingencies positive and negative fall to be considered. Ultimately, a best estimate is required and while there will almost invariably be mathematical calculations to be considered, a purely mathematical approach will usually not be appropriate because such an analysis is too limited in scope.
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