Determining Earning Capacity for Accident Benefits

A recent Ontario Superior Court case has applied the test set out by the Ontario Court of Appeal in Miller v. Safeco to determine earning capacity and financial dependency of a claimant. The prior history of earnings may or may not provide an adequate basis for determining this. The determination is a factual issue and each case must be analyzed on its own particular facts. Todd K. Plant - Personal Injury Lawyers - Plant Quinn Thiele LLP - www.pqtlaw.com