What is the test for a plaintiff to claim damages in a motor vehicle accident case?
Ontario, Canada
The following excerpt is from Noiles v. MTD Products Inc., 2019 ONSC 4642 (CanLII):
As the defendants pointed out, the plaintiffs must show a real and substantial possibility of future loss, supported by expert or other cogent evidence and damages within this category should not be awarded on the basis of conjecture or speculation (see Schrump v. Koot at para. 9).
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