Question juridique clé
How to determine the insured's hypothetical income without invalidity
Solution extraite
The income without invalidity had to be based on the actual salary the insured would have earned in 2009 with his employer, not on the wage of a class B construction worker under the collective agreement.
Motifs extraits
The insured had never been promoted to class B, had not challenged his wage classification, and the employer confirmed that he would have earned more than class C but not class B. The lower court's reliance on length of service alone was not sufficient.