What is the test for claiming past loss of earnings?
British Columbia, Canada
The following excerpt is from Chaudhry v Henville, 2021 BCSC 2318 (CanLII):
The claim for past loss of earnings during the period from the date of the accident to August 2016 depends on what the plaintiff would have earned had the accident not occurred. As set out in Grewal v. Naumann, 2017 BCCA 158, at paras. 43-48, this is a hypothetical event and, as such, need not be proven on a balance of probabilities. The plaintiff need only prove a real and substantial possibility, as opposed to mere speculation, that she would have earned income during this period if the accident had not occurred. The court must then assess the likelihood of that occurring.
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