What is the current state of the law on loss of opportunity for future earnings?
British Columbia, Canada
The following excerpt is from McCarthy v. Davies, 2014 BCSC 1498 (CanLII):
In Smith v. Knudsen, 2004 BCCA 613, the court confirmed the approach to be taken to hypothetical events such as loss of opportunity for past and future earnings. A plaintiff must prove that an injury had an effect on her ability to earn income on a balance of probabilities, but once that has been established, hypothetical events need not be proved on a balance of probabilities. Rather, they are to be given weight based on their likelihood.
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