What is the test for assessing future loss of earning capacity?
British Columbia, Canada
The following excerpt is from Sidhu v Baturin, 2022 BCSC 102 (CanLII):
The Court of Appeal also recently had occasion to prescribe a three-step test for assessing future loss of earning capacity in Rab v. Prescott, 2021 BCCA 345, at para. 47. The questions to be asked at these three steps are: 1) is there a potential future event that could lead to a loss of earning capacity? 2) is there a real and substantial possibility that the future event in question will cause a pecuniary loss? and 3) if there is a such a possibility, what is its value?
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