Sentences with phrase «earning capacity at»

In this ICBC personal injury case the claimant sought injury compensation of over $ 865,000, with loss of future earning capacity at over $ 618,000.

The court did a great job reviewing applicable case law addressing loss of future earning capacity at paragraphs 53 - 68 of the reasons for judgement.

Not exact matches

The vast stimulus programme launched at the end of 2008 to counter the world financial crisis restored growth but led to wholesale misallocation of capital into wasteful projects that earn scant returns, the vast debt problem affecting companies as well as local governments, and also created soaring excess capacity in sectors such as steel production.

The following table provides information regarding the total compensation for services rendered in all capacities that was earned by each individual who served as our principal executive officer at any time in 2012, and our two other most highly compensated executive officers who were serving as executive officers as of December 31, 2012.

The items presented included sewing machines, embroidery machines, over-lock machines, hand dryers, hairdryers as well as sterilisers aimed at assisting the artisans to expand their businesses and improve their income earning capacity.

Moreover, our research at Learning Plus UK has shown the impact that not continuing in education has on this group's longer term life chances and their capacity to earn higher wages.

Capacity is assessed by weighing a borrower's earning ability and the likelihood of continuing income against the amount of debt the borrower carries at the time the application for credit is made.

He looked at it in the context eg of its effect on W's mental health; that it had probably destroyed her earning capacity; and that she would have no financial support from H in bringing up the children (see para 45).

Plaintiff will never be able to return to work at his job at the Newport News Shipbuilding & Drydock and suffered a loss of earning capacity of approximately $ 900,000.00.

Helping understand loss of earning capacity claims in BC in today's personal injury case the claimant was a passenger when a row of cars stopped at a red traffic light.

At trial, husband's vocational rehabilitation expert testified to wife's earning capacity, which would allow her to earn a sufficient income to support herself.

An experienced Scranton truck accident lawyer at Rogan Law can help you file a lawsuit against the responsible party in an effort to obtain compensation for your medical bills, lost wages, lost earning capacity, pain and suffering, and decreased enjoyment of life.

267.5 (1) Despite any other Act and subject to subsections (6) and (6.1), the owner of an automobile, the occupants of an automobile and any person present at the incident are not liable in an action in Ontario for the following damages for income loss and loss of earning capacity from bodily injury or death arising directly or indirectly from the use or operation of the automobile:

This is especially true when a person has suffered a disability at a young age when he may not have had much time to demonstrate earning capacity before the debilitating accident occurred.

Despite this, we were able to persuade the court to award Ryan $ 90,000.00 for his loss of future earning capacity by proving that there was a reasonable possibility that Ryan's career would be cut short as a result of his injuries at some point in the future.

This whiplash injury claimant was injured at a deli in Langley, British Columbia and claims damages for pain and suffering; Past loss of earning capacity; Loss of future earning capacity; Cost of future care; and Special damages She was a customer standing in the store... Continue reading →

In this loss of farm earning capacity car accident case (Verge v. Chan, 2012 BCSC 876) the claimant's vehicle was hit head - on at the intersection of Summit Drive and Chilcotin Crescent in Kelowna.

In assessing non-pecuniary damages at $ 40,000 and dismissing the claim for diminished earning capacity Madam Justice Dillon provided the following reasons:

For instance, one of the major categories of damages which are often at play in motor vehicle accident injury cases involve the future earning capacity of the victim.

Head - on collision damages can include property damage and injuries (both physical and emotional) such as compensation for medical bills, medication, missed time at work, pain and suffering, lost earning capacity and other financial losses.

Unfortunately, he found no sympathy with the Appeals Court, which noted that he «has taken no steps to diminish» his own comfortable lifestyle and that he has the «historical capacity to earn at a level close to four times the attributed income.»

At trial, the family court found that Husband still had a $ 100,000 annual earning capacity, denied his request for a permanent reduction in alimony, and ordered him to pay $ 26,004 in back alimony for the period of time his alimony was temporarily reduced.

Insurance companies might follow the formula of adding your medical costs (present and future that are accident related) + missed time at work + future earning capacity + pain, suffering and inconvenience.

On the other hand, if your injuries render you unable to work at your existing job or if you have to find work in a different field where you will be paid less, you may be able to claim damages due to the reduction in future earning capacity.

In a sixteen year marriage, where the supported spouse earns $ 30k per year and is working at her full capacity, and the supporting spouse earns $ 60k per year, and fault is not a factor, an award of permanent periodic alimony of $ 500.00 per month is proper.

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 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 at para 8:

Also, at the very least, an affidavit from an employer will likely be needed to support any projections of future lost earnings or lost earning capacity.

In the case at bar, the Court preferred the «earnings approach» in determining diminished earning capacity, over the «capital asset» approach, as the «earnings approach» is more helpful when the loss is easily measurable.

This whiplash injury claimant was injured at a deli in Langley, British Columbia and claims damages for pain and suffering; Past loss of earning capacity; Loss of future earning capacity; Cost of future care; and Special damages She was a customer standing in the store when a vehicle crashed into it.

The earnings approach is typically used by the Court when a quantifiable, mathematical calculation is the easiest means to arrive at an amount for diminished earning capacity.

General damages (money for pain and suffering and loss of enjoyment of life) were assessed at $ 65,000 and a further $ 80,000 was awarded for the Plaintiff's diminished earning capacity to reflect the fact that her chronic condition will likely effect her vocationally over her lifetime.

A judge will look at your family's overall circumstances and needs including factors such as each spouse's age and health, work history and earning capacity, the child's needs, and adjustment to school and community.

Thus, given her age, work experience and earning capacity, the monthly support payments were set at $ 1,400, to increase to $ 2,000 once she stopped receiving child support.

This case is also worth a quick read for anyone advancing a claim for loss of earning capacity (future wage loss) as the court does a good job summarizing some of the leading legal precedents in this area at paragraphs 151 - 155 of the judgment.

If your spinal cord injury limits your ability to work — or prevents you from working, at all — you can recover compensation to make up for your reduced earning capacity.

Loss of past income / earning capacity if you have been unable to work because of your injuries, or if you have lost income because of some limitation at work

In consideration of what is under this provision, the employee expressly waives any claim against the Employer, in the event of termination of employment, all other amounts whatsoever for damages, compensation in lieu of notice or in any other capacity whatsoever by reason of termination of employment, except for wages, vacation pay and other benefits earned and unpaid at the time of termination.

In these cases, it is imperative that your legal representation is highly skilled at pursuing high value settlements, as the earning capacity of the person has been permanently altered, there may be the need for ongoing care, many surgeries, treatments, and rehabilitation, or in the most tragic cases, a person is rendered immobile or in a permanent vegetative state.

In Leskun v. Leskun, [2006] 1 S.C.R. 920, at para. 29, the Court defined «means» as including «all pecuniary resources, capital assets, income from employment or earning capacity, and other sources from which the person receives gains or benefits», adopting the formulation of the traditional interpretation of «means» in Strang v. Strang, [1992] 2 S.C.R. 112, at para. 15.

However, at trial, the appellant provided an «insufficient factual underpinning» to ground compensation for loss of earning capacity; the Court of Appeal found this part of the claim failed because the judge found the appellant did not meet the burden described in the Perren decision — the trial judge simply did not accept the appellant's evidence of his limitations and anecdotal evidence from other witnesses did not shore up his testimony.

That would be to confuse loss of earnings or income with loss of capital asset that is income earning capacity» (Emphasis in original at para. 38).

This was due to the young age of the parties» children (twins, who were three), the fact that he could not also look at the capital award, the very vague generalisations put forward by the husband as to the wife's earning capacity and the fact that the original order already provided for a reduction in the maintenance payable to the wife of 50p for every # 1 she earned (net).

A court will look at the reasons for a parent's unemployment or underemployment and may attribute income up to the parent's reasonable earning capacity.

(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;

The Supreme Court of Canada has interpreted «means» in the spousal support context expansively to include «all pecuniary resources, capital assets, income from employment or earning capacity, and other sources from which the person receives gains or benefits»: Strang v. Strang, [1992] 2 S.C.R. 112 at 119; Leskun v. Leskun, 2006 SCC 25 at para. 29.

The workers compensation lawyers at Cohen & Cohen, P.C., represent injured workers trying to recover medical expenses for their lost capacity to earn wages.

The workers compensation attorneys at Cohen & Cohen, P.C. realize how important it is for an injured worker to protect his or her earning capacity and will help figure out what you are entitled to.

In my view, the refusal of the trial judge to permit the defendants to adduce evidence to challenge the plaintiff's physical abilities at the date of the trial was unfair, and given the importance of this evidence to the ultimate award of damages for future diminished earning capacity and future cost of care, I see no alternative but to order a new trial on damages.

A personal accident policy is strongly recommended to everyone not only to protect their families in the event of a mishap like accidental death, but in addition also to cover disablement, leading to loss of earning capacity, at competitive premium rates.

If you have a residual disability and can't perform your job to the same capacity as you could before — you're still earning money, but less of it — your employer's group policy might not cover that at all.