Is there any case law that supports the argument that a hypothetical event would have happened but for the injury?
British Columbia, Canada
The following excerpt is from Wahid v. Caporusso, 2016 BCSC 1743 (CanLII):
In Smith v. Knudsen, 2004 BCCA 613, at para. 29, Rowles J.A. stated: What would have happened in the past but for the injury is no more "knowable" than what will happen in the future and therefore it is appropriate to assess the likelihood of hypothetical and future events rather than applying the balance of probabilities test that is applied with respect to past actual events.
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