What is the standard of proof for assessing damages for loss or impairment of earning capacity?
Ontario, Canada
The following excerpt is from Hartwick v. Simser, 2004 CanLII 34512 (ON SC):
The principles of assessment apply equally to non-pecuniary damages and to damages for loss or impairment of earning capacity. The standard of proof to be applied when evaluating hypothetical events that may affect an award is simple probability, not the balance probabilities, according to Athey v. Leonati, supra, at paragraph 27.
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