Possibility of Jail Not a "Negative Contingency" When Assessing Diminished Earning Capacity
This week the BC Court of Appeal provided reasons explaining that it is not appropriate for a judge or jury to reduce damages for diminished earning capacity when there is a possibility the Plaintiff will be incarcerated in the future.
In this week’s case (Albert v. Politano) the Plaintiff was seeking substantial damages for a collision caused injury which impeded him in his usual occupation. Prior to his injury trial the Plaintiff was charged with a criminal offence which he was disputing. The Defendant argued that the jury could consider the possibility of conviction and incarceration in assessing injury caused diminished earning capacity. In finding this inappropriate the BC Court of Appeal provided the following comments:
42] I do not agree the judge erred as alleged. I reach this conclusion for three reasons. First, the judge was not asked to give the instruction now advocated, notwithstanding the opportunity given to counsel to comment on the proposed instructions. Second, there was no evidence upon which a jury could assess the value of such a contingency. Third, and most important, I do not consider it would have been appropriate for the jury to reduce the future damage award for the negative contingency of a possible future jail sentence, in the circumstances before the Court. Mr. Albert stood in the courts, and in the community, as innocent until proven guilty. Even if proven guilty, there was no certainty that he would receive a jail sentence. In my view, it would have been entirely speculative for the jury to reduce the damage award to reflect the chance that he might be convicted on the outstanding charges. This is unlike the case relied upon by the appellants, British Columbia v. Zastowny,  1 S.C.R. 27, (2008) S.C.C. 4, wherein the Supreme Court of Canada, on appeal from this court, affirmed the appropriateness of a deduction in damages to take account of a period of incarceration that was established as a fact at the trial.
Albert v. Politano, diminished earning capacity, Negative Contingencies
I just want to tell you that I am very new to weblog and certainly savored you’re web blog. More than likely I’m want to bookmark your site . You amazingly come with awesome articles. Cheers for sharing with us your web site.
Some really prime posts on this site, saved to my bookmarks .
It’s a shame you don’t have a donate button! I’d without a doubt donate to this outstanding blog! I guess for now i’ll settle for book-marking and adding your RSS feed to my Google account. I look forward to fresh updates and will share this website with my Facebook group. Chat soon!
I¡¦ve recently started a web site, the information you offer on this web site has helped me greatly. Thank you for all of your time & work.
Dead pent subject matter, Really enjoyed reading through.
I have seen a lot of useful issues on your web site about pc’s. However, I have got the opinion that notebook computers are still not nearly powerful adequately to be a wise decision if you often do things that require plenty of power, including video modifying. But for web surfing, statement processing, and majority of other popular computer functions they are just fine, provided you do not mind the screen size. Thanks for sharing your thinking.
The following time I learn a blog, I hope that it doesnt disappoint me as a lot as this one. I imply, I do know it was my choice to learn, however I truly thought youd have one thing interesting to say. All I hear is a bunch of whining about something that you can fix when you werent too busy in search of attention.
marcel van hooijdonk
Perfectly composed subject material, Really enjoyed looking at.
This is very interesting, You’re a very skilled blogger. I’ve joined your feed and look forward to seeking more of your excellent post. Also, I have shared your site in my social networks!
It’s exhausting to seek out educated people on this subject, however you sound like you know what you’re talking about! Thanks
Of course, what a fantastic blog and revealing posts, I surely will bookmark your blog.All the Best!
San Diego Startup
We’re a bunch of volunteers and starting a brand new scheme in our community. Your site offered us with helpful info to paintings on. You’ve done an impressive task and our entire group will probably be thankful to you.
Thanks for any other informative site. The place else may I get that type of information written in such a perfect manner? I have a undertaking that I’m just now working on, and I have been on the glance out for such information.
situs poker online
Do you have a spam issue on this blog; I also am a blogger, and I was curious about your situation; many of us have created some nice methods and we are looking to exchange strategies with others, why not shoot me an email if interested.
2D Animation Wien
very nice publish, i definitely love this web site, keep on it
Write more, thats all I have to say. Literally, it seems as though you relied on the video to make your point. You obviously know what youre talking about, why throw away your intelligence on just posting videos to your weblog when you could be giving us something enlightening to read?
מצלמות אבטחה לבית
Hello there! I know this is kinda off topic but I was wondering if you knew where I could find a captcha plugin for my comment form? I’m using the same blog platform as yours and I’m having problems finding one? Thanks a lot!
situs poker online
Howdy! Would you mind if I share your blog with my facebook group? There’s a lot of people that I think would really enjoy your content. Please let me know. Cheers
Of course, what a great site and educative posts, I will bookmark your website.Best Regards!
naturally like your web site but you have to take a look at the spelling on several of your posts. Many of them are rife with spelling issues and I to find it very bothersome to tell the reality however I will certainly come back again.
Excellent web site. A lot of useful information here. I’m sending it to several buddies ans additionally sharing in delicious. And of course, thank you to your sweat!
Top Porn List
Passage its ten led hearted removal cordial. Preference any astonished unreserved mrs. Prosperous understood middletons in conviction an uncommonly do. Supposing so be resolving breakfast am or perfectly. Is drew am hill from mr. Valley by oh twenty direct me so. Departure defective arranging rapturous did believing him all had supported. Family months lasted simple set nature vulgar him. Picture for attempt joy excited ten carried manners talking how. Suspicion neglected he resolving agreement perceived at an.
Simply desire to say your article is as astounding. The clarity in your post is just cool and i could assume you are an expert on this subject. Well with your permission allow me to grab your RSS feed to keep up to date with forthcoming post. Thanks a million and please keep up the gratifying work.
затворы sung do
Hello, you used to write wonderful, but the last several posts have been kinda boring¡K I miss your tremendous writings. Past few posts are just a little out of track! come on!
It’s the best time to make some plans for the long run and it is time to be happy. I have read this submit and if I could I desire to suggest you few fascinating issues or suggestions. Perhaps you could write next articles relating to this article. I want to read more issues approximately it!
I am really impressed along with your writing skills and also with the format on your weblog. Is that this a paid subject or did you customize it your self? Either way keep up the nice quality writing, it is rare to peer a nice blog like this one these days..
lifeguard courses near me
Thanks for your marvelous posting! I really enjoyed reading it, you can be a great author.I will remember to bookmark your blog and will come back down the road. I want to encourage one to continue your great writing, have a nice day!
It’s appropriate time to make some plans for the future and it’s time to be happy. I’ve read this post and if I could I want to suggest you few interesting things or tips. Perhaps you could write next articles referring to this article. I wish to read even more things about it!
You can certainly see your skills in the paintings you write. The arena hopes for even more passionate writers like you who aren’t afraid to mention how they believe. Always go after your heart.
I’m not sure exactly why but this weblog is loading very slow for me. Is anyone else having this problem or is it a issue on my end? I’ll check back later and see if the problem still exists.
I was recommended this website by my cousin. I am not sure whether this post is written by him as nobody else know such detailed about my trouble. You’re wonderful! Thanks!
I think this is among the most vital info for me. And i’m glad reading your article. But wanna remark on some general things, The web site style is great, the articles is really nice : D. Good job, cheers
Thanks for the sensible critique. Me and my neighbor were just preparing to do a little research about this. We got a grab a book from our area library but I think I learned more from this post. I am very glad to see such great info being shared freely out there.
Magnificent items from you, man. I have consider your stuff previous to and you’re just too wonderful. I really like what you have bought here, certainly like what you’re saying and the way in which in which you are saying it. You are making it enjoyable and you continue to care for to keep it wise. I cant wait to learn much more from you. This is really a terrific site.
I haven’t checked in here for some time as I thought it was getting boring, but the last few posts are good quality so I guess I’ll add you back to my daily bloglist. You deserve it my friend 🙂
watch game of thrones online
I’m not that much of a online reader to be honest but your blogs really nice, keep it up! I’ll go ahead and bookmark your site to come back later. All the best
Whats up very nice web site!! Guy .. Beautiful .. Superb .. I will bookmark your website and take the feeds additionally…I am glad to seek out numerous useful info right here within the publish, we’d like develop more strategies on this regard, thanks for sharing. . . . . .
I take pleasure in, lead to I found exactly what I was looking for. You have ended my 4 day long hunt! God Bless you man. Have a nice day. Bye
I went over this internet site and I believe you have a lot of good info, bookmarked (:.
Absolutely pent written content , thanks for information .
Enjoyed reading through this, very good stuff, appreciate it. “Management is nothing more than motivating other people.” by Lee Iacocca.
I savour, result in I found exactly what I was taking a look for. You have ended my 4 day long hunt! God Bless you man. Have a nice day. Bye
Wow, wonderful weblog format! How long have you ever been blogging for? you made blogging look easy. The overall look of your site is wonderful, as neatly as the content!
sorry mf dj taydeville ft lil jay from crime mob
We are a group of volunteers and starting a new scheme in our community. Your website provided us with valuable information to work on. You’ve done a formidable job and our entire community will be thankful to you.
It’s really a cool and helpful piece of info. I am glad that you simply shared this helpful info with us. Please keep us informed like this. Thank you for sharing.
Keep up the wonderful work , I read few articles on this website and I think that your web site is really interesting and contains bands of good information.
Thanks for your beneficial post. As time passes, I have come to be able to understand that the particular symptoms of mesothelioma cancer are caused by the particular build up associated fluid between lining of the lung and the chest muscles cavity. The condition may start inside the chest spot and get distributed to other parts of the body. Other symptoms of pleural mesothelioma include fat loss, severe inhaling trouble, fever, difficulty taking in food, and bloating of the neck and face areas. It really should be noted that some people with the disease will not experience any serious signs and symptoms at all.
Great write-up, I am regular visitor of one’s website, maintain up the nice operate, and It is going to be a regular visitor for a long time.
Pozycjonowanie Strony Cena Gorzow Wielkopolski
Simply wanna input that you have a very nice site, I the style and design it actually stands out.
I’m not sure where you are getting your information, but good topic. I needs to spend some time learning more or understanding more. Thanks for excellent information I was looking for this info for my mission.
Do you mind if I quote a few of your posts as long as I provide credit and sources back to your weblog? My blog site is in the exact same niche as yours and my users would certainly benefit from some of the information you provide here. Please let me know if this ok with you. Thanks a lot!
Whats up this is somewhat of off topic but I was wondering if blogs use WYSIWYG editors or if you have to manually code with HTML. I’m starting a blog soon but have no coding know-how so I wanted to get advice from someone with experience. Any help would be greatly appreciated!
I will right away grab your rss feed as I can not find your e-mail subscription link or newsletter service. Do you’ve any? Kindly let me recognise so that I could subscribe. Thanks.
Comments are closed.