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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