In assessing damages for lost earning capacity, does the court have to consider hypothetical events that need not be proven on a balance of probabilities?
British Columbia, Canada
The following excerpt is from Vine v Taylor, 2018 BCSC 493 (CanLII):
As noted recently in Zwinge, at para. 72, and by Justice Sewell in Chong v. Nguyen, 2017 BCSC 1564, at paras. 100-101, in assessing damages for lost earning capacity, whether past or future, the court must also consider hypothetical events that need not be proven on a balance of probabilities. See also Grewal, at paras. 48-49.
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