What is the test for a plaintiff to claim income loss from a tortious injury?
British Columbia, Canada
The following excerpt is from Austin v. Reardon, 2014 BCSC 37 (CanLII):
A plaintiff must always prove … that there is a real and substantial possibility of a future event leading to an income loss. … (emphasis in original) If this threshold is met, then: Hypothetical events (such as how the plaintiff’s life would have proceeded without the tortious injury) or future events need not be proven on a balance of probabilities. Instead, they are simply given weight according to their relative likelihood. … (Athey v. Leonati, 1996 CanLII 183 (SCC), [1996] 3 S.C.R. 458 at para. 27 per Major J.).
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