What is the standard of real and substantial possibility for employment loss in a medical malpractice case?
British Columbia, Canada
The following excerpt is from Sweeney v Yu, 2021 BCSC 2133 (CanLII):
The standard of real and substantial possibility has a lower threshold than balance of probabilities but higher than what is only possible or speculative. The employment loss must have an evidentiary foundation and be realistic, having regard to what the plaintiff’s circumstances would have been absent the injury: Gao v. Dietrich, 2018 BCCA 372 at paras. 34-36.
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