What is the burden of proof for an assessment of loss of past and future earning capacity?
British Columbia, Canada
The following excerpt is from Ranahan v Oceguera, 2019 BCSC 228 (CanLII):
The burden of proof of actual past events is proof on a balance of probabilities. 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. The future or hypothetical possibility will be taken into consideration as long as it is a real and substantial possibility that it would have occurred and not mere speculation: Athey at para. 27; Morlan v. Barrett, 2012 BCCA 66 at para. 38.
In Grewal v. Naumann, 2017 BCCA 158 the Court of Appeal summarized what constitutes a real and substantial possibility applicable to assessing loss of past and future income earning capacity:
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