As was noted in the 1994 Federal Court decision, 1 the purpose of the special damage award is one intended to place the victim in the same financial position as would have followed, but for the wrongdoing, that is, he is entitled to “restitution in integrum”. The trial court further observed:
It has also been stressed, in relation to lost earnings, that:
… [T]he overwhelming weight of authority supports the view that the primary basis for assessment under this head is an estimation of loss of earnings, in the sense that the plaintiff’s damages reflect what he would have earned but for the accident, rather than what he had the capacity or ability to earn.
On this basis, the plaintiff was awarded $88,000 as a past income loss.
The B.C. Supreme Court set this sum as $225,000 in a case involving verbally offensive conduct. 2 The arbitrator in the City of Calgary case set this sum at $200,000. 3
As noted above, a past income loss was allowed at trial 4 of $284,000. This was set aside on appeal as the Court of Appeal found no tort liability.
Claims for a future income loss are reviewed here.