Wage Deficit Approach
Using Statistics Canada’s disability surveys to assess “loss of opportunity” or “loss of capital asset”
According to the 2017 Canadian Survey on Disability (CSD), 22% of Canadians reported having one or more disabilities that limited them in their daily activities. Of the 22% of the Canadian population with disabilities, two-fifths of them were classified as having a “mild” disability, whereas one-fifth of them had a moderate, severe, or very severe disability. Persons with disabilities are at higher risk of being unemployed, living in poverty, or having lower educational achievement levels.
Below, we explain how Statistics Canada’s disability surveys from 1991, 2001, 2006, 2012 and 2017 have been obtained and analyzed to derive wage gaps which vary by gender, severity and type of disability. These results have been published in two peer-reviewed articles:
- Brown, C.L. (2023) “How the Wage Deficit Approach (WDA) can be used to Assess Economic Loss Damages based on Guidance from British Columbia case law” UBC Law Review January 2023 volume 56:1
- Brown, C.L. and J.C.H. Emery (2010) “The Impact of Disability on Earnings and Labour Force Participation in Canada: Evidence from the 2001 PALS and from Canadian case law”, Journal of Legal Economics Vol. 16, no. 2, April 2010
Both articles cite case precedents in which Ms. Brown has testified (for either plaintiff or defense) and the courts have considered and adopted the wage deficit approach to determine loss of earning capacity or loss of opportunity.
Ask Us About the Wage Deficit Approach
See our checklists for information in injury, death and estate cases.
6 – 8 weeks, once we have all the file information. Rebuttals and sur-rebuttals can be prepared for mediation or trial purposes in expedited timeframes. Contact our office.
Fees are based on total time spent plus a 4% admin/technology fee and 5% GST. Contact CARA BROWN for a fee quote.
Time spent varies depending on how many heads of damage to quantify, how much material is provided to analyze, the complexity of the case, whether the plaintiff or decedent was self-employed, and other unusual circumstances.
Brown Economic provides an excerpted version of Statistics Canada’s disability questionnaire from the 2012, 2017, and 2022 Canadian Surveys on Disability (CSD) which must be returned to our office for scoring.
The questionnaire score should be supplemented with expert reports regarding the plaintiff’s health status.