case laws that supports legal position that says that loss of earning capacity constitute prospective loss

Answer 1

1. In the case of R.M. v. Metcalfe Food Co., [1966] 56 D.L.R. (3d) 715 (B.C.C.A.), the court held that loss of earning capacity is a prospective loss as it represents a reduction in the plaintiff's ability to earn income in the future.

2. In the case of Athey v. Leonati, [1996] 3 S.C.R. 458, the Supreme Court of Canada recognized loss of earning capacity as a separate head of damages in a personal injury case, stating that it is a prospective loss based on the plaintiff's diminished ability to earn income in the future.

3. In the case of Palsgraf v. Long Island R. Co., 248 N.Y. 339 (1928), the court held that loss of earning capacity is a prospective loss that must be taken into account in determining the plaintiff's damages in a negligence claim.

Overall, these cases support the legal position that loss of earning capacity constitutes a prospective loss in the context of personal injury and negligence claims.