What is the test for damages for lost chances?
British Columbia, Canada
The following excerpt is from ASEAN Technology Partners Inc. v. National Research Council of Canada, 2007 BCSC 1539 (CanLII):
The plaintiffs relied on Sacks v. Canada Mortgage & Housing Corp., 2002 BCSC 97, 98 B.C.L.R. (3d) 339 for the proposition that damages may be awarded for lost chances caused by breach of contract. In that decision, Madam Justice Kirkpatrick noted at para. 14: Proof of the loss of a mere chance is not enough. The chance must constitute some reasonable probability of realizing an advantage of real value.
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