How does the court assess damages for lost opportunity?
British Columbia, Canada
The following excerpt is from Rec Holdings Co. Ltd. v. Thorne, 1997 CanLII 4367 (BC SC):
121. How then does the court assess damages for lost opportunity? Lysyk, J. in Cuttell v. Bentz (1986), 70 B.C.L.R. 85 (B.C.S.C.) said that "the amount to be assessed for the loss of opportunity represents an exercise of judgment based on the particular facts of the case". Basically, it is an exercise in applying negative contingencies. The court tries to determine what most likely would have happened and then discounts for what possibly, but not fancifully, could have happened to prevent the opportunity from reaching fruition.
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