What standard of proof does a hypothetical event meet?

British Columbia, Canada


The following excerpt is from Hawkins v. Espiloy, 2014 BCSC 1804 (CanLII):

The standard of proof in relation to future events is simple probability. Hypothetical events are to be given weight according to their relative likelihood: Athey v. Leonati, 1996 CanLII 183 (SCC), [1996] 3 S.C.R. 458 at para. 27.

As stated in Perren v. Lalari, 2010 BCCA 140, there are two possible bases for assessing loss of future earning capacity: the earnings approach and the capital asset approach. Where the loss is quantifiable in a pecuniary way, the earnings approach will be appropriate, while the capital asset approach will be appropriate where it is not: Perren at para. 32. In this case, the mathematical earnings approach is appropriate because the sums payable for full-time and part-time work are easily determined. The plaintiff has an established career in a field where demand is strong and her position is secure.

Other Questions


What is the standard of proof required for a plaintiff to prove that a hypothetical event occurred at the same time as an actual event? (British Columbia, Canada)
What is the standard of proof required for a plaintiff to prove hypothetical events? (British Columbia, Canada)
What is the standard of proof in relation to hypothetical or future events? (British Columbia, Canada)
What is the standard of proof required to prove that a hypothetical past event has occurred? (British Columbia, Canada)
What is the standard of proof for a plaintiff to prove that a hypothetical event will not affect his claim? (British Columbia, Canada)
What is the standard of proof for a plaintiff to prove that a hypothetical event is not a probability, not a balance of probabilities? (British Columbia, Canada)
What is the standard of proof for future hypothetical events? (British Columbia, Canada)
What is the standard of proof for a hypothetical event? (British Columbia, Canada)
In what circumstances will a police officer be found to have failed to meet the standard of proof? (British Columbia, Canada)
What is the burden of proof relating to a hypothetical event in a damages assessment? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.