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BC Court of Appeal Clarifies Law on Future Income Loss
"The Court’s reference to awarding the plaintiff their “entire annual income for one or more years” has, unfortunately, sometimes been read as if it allows a court to arbitrarily assign an amount for the plaintiff’s loss. At trial, the defendant’s suggestion that an award of a year or two years’ salary would be appropriate appears to me to stem from a misunderstanding of Pallos. While a court can quantify the plaintiff’s damages for loss of future earning capacity in that way, it is required to carefully consider the evidence, and come to a fair assessment of the plaintiff’s loss."