What is the burden of proof for an assessment of past and future earning capacity?
British Columbia, Canada
The following excerpt is from Singh v. Wu, 2015 BCSC 526 (CanLII):
The burden of proof of actual past events is a balance of probabilities. In contrast, an assessment of loss of both past and future earning capacity involves consideration of hypothetical events. The plaintiff is not required to prove these hypothetical events on a balance of probabilities; rather, 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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