When dealing with hypotheticals, can a plaintiff point to a specific job opportunity and specific salary?
British Columbia, Canada
The following excerpt is from Johnstone v. Rogic, 2019 BCCA 469 (CanLII):
When dealing with hypotheticals, it is not unusual for a plaintiff to be unable to point to a specific job opportunity and specific salary that is lost with the lost future capacity, or to be unable to point to a replacement lesser job opportunity that will be obtained with the plaintiff’s residual earning capacity. The court may make common sense inferences from the evidence as to the person’s capabilities and realistic job opportunities, in the absence of evidence as to a specific position and salary being available, see for example Tsalamandris v. McLeod, 2012 BCCA 239 at paras. 38–39.
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