Case Details:

• On May 18, 2018, Steven Hann, then 26, employed as a project manager, was injured in a vehicle accident, suffering soft tissue injuries affecting his back.
• At trial, Justice Shergill awarded Hann damages totaling $443,772.60, with $330,000 for future loss of earning capacity.

Appeal Grounds:

• The appellants contested the award for future loss of earning capacity, claiming judicial error in assessing the real and substantial possibility of Hann’s future earning loss and in quantifying damages.

Court Decision:

• The British Columbia Court of Appeal dismissed the appeal, affirming the trial judge’s conclusions as supported by evidence, with no material legal errors or significant factual mistakes.

Reasoning:

• The court found the judge’s findings on future loss of earning capacity were backed by substantial evidence, including Hann’s continued discomfort and pain from his injuries, which could potentially affect his future work and income.
• The calculation of future loss was based on probable scenarios, considering Hann’s injury’s impact on his work, particularly in earning commissions.
• The court addressed specific contingencies, like the risk of Hann's condition worsening or impacting his job performance, supporting the trial judge’s assessment.

Outcome:

• The appeal was dismissed, upholding the trial court’s award for future loss of earning capacity as it was justified by evidence and within legal principles.