Where an injured plaintiff operates a business through a company they control, the company's profits are a measure of the plaintiff's earning capacity and must be included in the assessment, regardless of whether those profits were drawn as income or retained in the company. Financial hardship occasioned solely by the operation of a formal offer costs rule cannot justify departure from the prima facie costs consequences of that rule. An appellate court will set aside a finding of contributory negligence where the trial judge's findings of fact are internally inconsistent and, on the accepted evidence, the plaintiff had no opportunity to avoid the accident.
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