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Loss of Earnings Capacity

In Boucher v Wal-Mart Canada Corp. (Ont CA, 2014), the court suggests that, on the right facts, a claim for loss of earning capacity is conceivable in a wrongful dismissal context:
[102] .... In Canada, as the trial judge said in her ruling, an award for future loss of income compensates a plaintiff for loss of earning capacity – in other words, the loss of an asset, the capacity to earn: see M.B. v. British Columbia, 2003 SCC 53 (CanLII), [2003] 2 S.C.R. 477; Lazare v. Harvey, 2008 ONCA 171 (CanLII). Typically, in personal injury actions, plaintiffs have justifiable future loss of income claims because the accident has impaired their capacity to earn income.

[103] A claim for future loss of income can arise in an employment context where a plaintiff has not recovered from the effects of the wrongdoer’s action and the plaintiff has thus suffered a loss of any earning capacity because of the wrongdoer’s tortious conduct: see, for example, Piresferreira.

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