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Future Earning Capacity and Self-Represented Litigants – Webinar Recording

March 27, 2024

Determining the future earning capacity of a plaintiff is an important, but complex part of the claims settlement process. In this YRMC webinar for new claims handlers and adjusters, our panel discuss the factors that are used to calculate compensation for loss of income due to accidents or injuries. The panel will also explore legal requirements and strategies to employ when the future earning capacity claims are brought by self-represented litigants.

Click here to download the slides – Future Earning Capacity and Self-Represented Litigants HANDOUT

Specific topics presented include:

Earning Capacity and MVA and Bodily Injury Claims

  • Methods of assessing earning capacity (earnings vs. capital asset approach):
  • Basis for awarding loss of earning capacity damages.
  • Factors considered in the assessment.
  • Review of recent MVA cases involving loss of earning capacity awards.
  • Work-related accidents and the IAODA regime in Quebec.
  • Net income or gross income in Quebec.
  • Case law examples for different types of injuries.

Earning Capacity Claims by Business Owners

  • Using expert report to determine damages resulting from the business owner’s inability to generate income.
  • Documents to obtain or analyze to evaluate the business’s loss of income.

Claims Involving Fatalities

  • Overview of variations with a Loss of Dependency claim in fatal accidents.
  • Case law and examples and amounts awarded by the courts.

Handling Claims with Self-Represented Litigants

  • Professional and ethical obligations of counsel when dealing with self-represented litigants.
  • Managing expectations when a self-represented litigant is involved.
  • Strategies when dealing with self-represented litigants.
  • Common differences in the litigation process when self-represented litigants are involved.


Billy Cowitz
SVR Lawyers

Vincent Messier
Donati Maisonneuve

Kelsey O’Brien
McKercher LLP

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