What is the difference between a real and substantial possibility and a mere speculation?
British Columbia, Canada
The following excerpt is from Fryer v Nakusp (Village), 2022 BCSC 497 (CanLII):
In Dornan v. Silva, 2021 BCCA 228, our Court of Appeal cast further light on the distinction between a real and substantial possibility and one that is “mere speculation.” Grauer J.A. reasons at para. 63 that a risk that is a real and substantial possibility, and not mere speculation, “is a risk that is measurable”. Put differently, risks that are real and substantial are not speculative if they are measurable.
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