Baragar v Bowers

Decided: 2026-11-03. Docket: CA50181. Citation: 2026 BCCA 436 (CanLII). Civil liability — Damages — Future loss of earning capacity — Motor vehicle accident injuries and post-concussive symptoms — Appeal limited to future loss of earning capacity award — Appellate deference to fact-finding and damages assessment, Malakoe v Harris, Woelk v Halvorsen — No legal error or palpable and overriding error shown — Appeal dismissed | Civil liability — Damages — Future loss of earning capacity — Rab v Prescott framework — Whether trial judge erred by using capital asset approach rather than earnings approach — Findings on uncertainty of continued employment and income fluctuations — Contingency for possible symptom improvement and retraining applied — No reversible error in approach or assessment — A