Sentences with phrase «capital asset approach»

Specifically, the Court of Appeal has determined that a future loss of income award is not necessarily determined on a loss of capital asset approach.

This is contrary to the capital asset approach which has been adopted in this Court (Parypa v. Wickware, 1999 BCCA 88 at para. 63).

[84] In my view, this case engages the capital asset approach discussed in Brown v. Golaiy (1985), 26 B.C.L.R. (3d) 353 at para. 8 (S.C.).

44] With respect, it is not clear, as I understand Steward, how one gets to the capital asset approach without first proving a substantial possibility of future income loss in relation to the plaintiff's position at the time of trial.

Mr. Justice Macaulay went on to reconcile the apparent conflict between these cases by concluding that Steward should be limited to its own «narrow factual circumstances «and awarding the Plaintiff damages based on the less stingent «capital asset approach `.

Here the Plaintiff advanced a claim of loss of earning capacity using the «capital asset approach «as set out by our Court of Appeal in Pallos v. ICBC.

Justice Shultes, in the court below, applied the «capital asset approach» to damage assessment and provided ample supporting reasons for his decision.

Where courts adopt the «capital asset approach» to damage assessment, a trial judge is required to explain the factual basis of the award (see, for example: Morris v. Rose Estate (1996), 1996 CanLII 2906 (BC CA), 23 B.C.L.R. (3d) 256) and must consider the four questions outlined in Brown v Golaiy (1985), 26 B.C.L.R. (3d) 353.

At trial, Justice Shultes quantified Mr. Fadai's impaired future earning capacity under the «capital asset approach» and following considerations as set out in Brown v Golaiy (1985), 26 B.C.L.R. (3d) 353 at para 8:

For Saunders J.A., the evidence of the appellant's work colleagues, combined with his own, would support the claim for past wage loss and the possibility of a claim for future wage loss on the «capital asset approach» (à la Brown v. Golaiy (1985), 1985 CanLII 149 (BC SC), 26 B.C.L.R. (3d) 353 (S.C.)-RRB-.

(d) The two possible approaches to assessment of loss of future earning capacity are the «earnings approach» and the «capital asset approach»; see Brown v. Golaiy (1985), 26 B.C.L.R. (3d) 353 at para. 7 (S.C.); and Perren v. Lalair, 2010 BCCA 140 at paras. 11 - 12;