What is the burden of proof for a claim of loss of future earnings?

British Columbia, Canada


The following excerpt is from Ryan v Lawson, 2019 BCSC 1389 (CanLII):

As noted by Justice Pearlman in Piper at para. 156: The burden of proof of actual past events is a balance of probabilities. An assessment of loss of both past and future earning capacity involves consideration of hypothetical events. The plaintiff is not required to prove these hypothetical events on a balance of probabilities. The future or hypothetical possibility will be taken into consideration as long as it is a real and substantial possibility and not mere speculation: Athey v. Leonati, at para. 27.

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