It is clear Ms. Verge meets the criteria: she has been rendered less
capable of earning income overall as a result of the accident; she is less marketable as an employee as a result of her ankle injury; she has lost the ability to take advantage of all job opportunities which were formerly open to her; and she is less valuable to herself as a person
capable of earning income in a
competitive labour market...
Factors that a Court will consider when adopting such an approach include whether the Plaintiff has been rendered less
capable overall from earning income from all types of employment; whether the Plaintiff is less marketable or attractive as an employee to potential employers; whether the Plaintiff has lost the ability to take advantage of all job opportunities which might otherwise have been open to him or her, had he or she not been injured; and, whether the Plaintiff is less valuable to himself or herself as a person
capable of earning income in a
competitive labour market.