What is the burden of proof for an award for past loss of earning capacity?
British Columbia, Canada
The following excerpt is from Quezada v Quezada, 2019 BCSC 1732 (CanLII):
The burden of proof for actual past events is the balance of probabilities. However, an assessment of both past and future earning capacity involves consideration of hypothetical events. An award for past loss of earning capacity requires the court to assess how a plaintiff’s life would have unfolded in the pre-trial period absent the injury. Such hypothetical events need not be proven on a balance of probabilities. Instead, they are given weight according to their relative likelihood, and will be taken into consideration as long as the hypothetical event is a real and substantial possibility and not mere speculation: Athey at para. 27; Grewal v. Naumann, 2017 BCCA 158 at paras. 44, 48-49.
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