What is the impact of hypothetical events on an assessment of past and future earning capacity?
British Columbia, Canada
The following excerpt is from Hanger v Shin, 2019 BCSC 99 (CanLII):
An assessment of the loss for both past and future earning capacity involves a consideration of hypothetical events. The plaintiff is not required to prove these hypothetical events on a balance of probabilities. The future or hypothetical possibility will be taken into consideration as long as it is a real and substantial possibility, and not mere speculation: Athey at para. 27; Morlan v. Barrett, 2012 BCCA 66 at para. 38.
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