Loss of income for self-employed plaintiffs I will briefly discuss the approach that I use to estimate the loss of income for self-employed plaintiffs. Simply determining the true income of a self-employed worker can be challenging, and I will address some of these challenges. I will also discuss some approaches that can be used to […]
Read More...Category: Loss of earnings
ACTLA Presentation – Without- and With-accident income: Total Compensation
Without- and With-accident Income: Total Compensation In the sections below, I provide notes that I used to discuss the different sources of earnings data experts can rely on to estimate an individual’s earning stream, and other sources, usually benefits, that make up an individual’s total compensation. 1 Sources of Earnings Data When doing a loss […]
Read More...Are Data from the 2011 Census Reliable?
In this article, Dr. Bruce examines the reliability of the 2011 Census income data. In the past, completion of the long form census was mandatory. In 2011, however, completion of this form was voluntary and the response rate decreased. While this created statistical problems concerning the reliability of the data, Statistics Canada had anticipated these problems and took steps to mitigate them. In his article, Dr. Bruce discusses these problems, and the solutions implemented by Statistics Canada, concluding that the 2011 census remains a reliable, high quality data source. It will remain our primary source of earnings information until data from the 2016 census are released sometime in 2018.
With respect to the 2016 census, we would note that it will be mandatory. Further, Statistics Canada will be sending the long-form section to a greater number of households than in past censuses (one in four households instead of one in five households), and will use income data directly from the Canada Revenue Agency, providing data for 100 percent of households. It is anticipated that because of these changes, the income data from the 2016 census will be the most accurate of any census to date.
Read More...The Impact of Childhood Sexual Abuse on the Educational Attainment and Adult Earnings of Canadian Women
This article concerns sexual abuse cases and the difficult task of determining the impact that the harm has had on the plaintiff’s earning capacity. Christopher Bruce and his colleague from the University of Calgary, Daniel Gordon, found that, on average, sexual abuse is not associated with lower educational levels or lower adult incomes among victims.
Read More...Increased Earnings After Injury
In this article Michael Behr – a forensic economist from Northfield, Minnesota – asks whether or not an injured person has sustained a loss if the injury forces a change in occupation which produces higher income. He argues that any suggestion that injury is beneficial contradicts fundamental economic principles.
Read More...Injured, Yet Better Off?
In this article Scott Beesley discusses the proposition that a plaintiff is better off as a result of an accident, explains why it is false, and provides some examples.
Read More...Distinguishing Between Loss of Income and Loss of Earning Capacity: The B.C. Case of Pallos v. I.C.B.C.
In this article Scott Beesley provides an analysis of the implications of the British Columbia case, Pallos v. I.C.B.C. In Pallos, the B.C. Court of Appeal ruled that although the plaintiff had returned to his former employer, earning as much as he had prior to the accident, his injuries acted to reduce his future “earning capacity.” He was awarded $40,000 on this head of damages. Mr. Beesley shows that the approach adopted in Pallos is an extension of a widely-used concept, “weighted average.”
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