Future Earning Capacity and Self-Represented Litigants – YRMC Live Webinar

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 will 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.

Specific topics presented will 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.

Speakers

Billy Cowitz
SVR Lawyers
Calgary

Vincent Messier
Donati Maisonneuve
Montreal

Kelsey O’Brien
McKercher LLP
Saskatoon