May.29.2023

BC Court of Appeal releases a trio of cases on claims for loss of future income earning capacity: A common sense clarification of a plaintiff’s evidentiary burden, or a signal of lower future damages awards?

The Court of Appeal recently released a trio of cases which address the evidentiary burden a plaintiff must meet in order to successfully establish an award for loss of future income earning capacity. While these cases do not represent a fundamental change in the law, they provide a useful reminder of what evidence must be adduced to base a claim under this head of damages. Click here to view the Briefing Note.