The plaintiff says the Zen companies would have made more sales and enjoyed greater profits if he had been functioning at his pre-accident work capacity. He says that his loss of capacity to work will continue to affect profitability and his dividends. An assessment of loss of both past and future earning capacity thus involves consideration of hypothetical events. The plaintiff is not required to prove these hypothetical events on a balance of probabilities: the hypothetical event is to be given weight according to its relative likelihood: Athey v. Leonati at para. 27. Accordingly, the plaintiff must prove that there is a real and substantial possibility that but for his injuries the company would have earned increased profits in the past and would earn increased profits in the future.
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