What are the damages for lost opportunities?

British Columbia, Canada


The following excerpt is from English v. Jao, 2016 BCSC 1975 (CanLII):

In assessing the damages associated with these lost opportunities I bear in mind that, as with uncertain events associated with future losses, the analysis for uncertain past events must take into account both the likelihood of the event and contingencies that might affect the result. This was well-summarized by Saunders J. in Falati v. Smith, 2010 BCSC 465, aff’d 2011 BCCA 45, as follows:

The plaintiff is entitled to be restored to the position he or she would have been in but for the defendant’s negligence, so far as that can be done with a monetary award. This may involve “a comparison of the likely future of the plaintiff if the accident had not happened with the plaintiff’s likely future after the accident has happened” – Rosvold v. Dunlop, 2001 BCCA 1 at para. 8.

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