Past loss not necessary to prove future loss
If I haven’t lost any income as a result of my crash injuries, so far, can I still claim for a future loss? What if my injuries get worse with time and I am no longer able to do what
Read More →Undeclared Income and Credibility
If I was working for cash “under the table” before my crash, will it affect my credibility in proving lost income since the crash? Will a judge take my word on what my pre-crash earnings were? How do they decide
Read More →The diminishing future capacity
I am able to do the types of work I did before the crash but still have symptoms, do I still have a loss of capacity? What if I am not likely to lose any money in the next several
Read More →Stay-at-Home Parents and Loss of Capacity
I’m a stay-at-home parent, remaining with my children while my husband works. Can I still be awarded for loss of capacity? What will the court base my award on? The recent case Williamson v Rutter (2016 BCSC 381) discussed the
Read More →Income Loss and Family Business
If you own a business and your injuries force you to pay for labour that you would normally perform, you can claim the loss. What if you share the profits (and losses) with your spouse, and the both of you
Read More →Wage loss where the employer is very accommodating
If you are injured, but your employer accommodates your injuries such that the actual financial loss is minimal, are you entitled to past and future income loss? If so, how is the loss assessed? In this week’s case of Ali
Read More →Loss of Capacity to Earn Income Beyond the Retirement Age
If your injuries disable you from work, but you’re over the age of retirement, can you still claim for lost earning capacity? If the judge is satisfied that you were likely to keep working, and that your injuries disabled you,
Read More →Loss of capacity for missed promotion where only three days of work missed after injury
What is the value of a future wage loss claim where very little work is missed after the injuries are sustained? What if injuries prevented a promotion. In last week’s case of Kam v. Van Keith (2015 BCSC 1519), the
Read More →Assessing the need for economic reports
Income loss claims can be complicated, but is it always justifiable for lawyers to hire a forensic accountant? In the July 3, 2015 decision in Mollaei v. Luo, 2015 BCSC 1143, Master Scarth considers and accepts the defendant’s position with
Read More →Particulars of income loss not required six months before a discovery in an ICBC claim
Early in litigation, can ICBC compel you to provide a detailed statement (particulars) of your income loss? In Friday’s decision of Campbell v. Bouma, 2015 BCSC 817, it was over six months before the examination for discovery, and the trial date
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