Is there any case law that supports the argument that a hypothetical event would not have happened if it had not happened?
British Columbia, Canada
The following excerpt is from Kaiser v. Williams, 2015 BCSC 646 (CanLII):
In Smith v. Knudsen, 2004 BCCA 613, at para. 36, 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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