What is the burden of proof for loss of future earnings?
British Columbia, Canada
The following excerpt is from Corke v. Andrews, 2015 BCSC 118 (CanLII):
The burden of proof of actual past events is a balance of probabilities. An assessment of loss of both past and future earning capacity, however, involves consideration of hypothetical, not actual, events. The plaintiff is not required to prove hypothetical events on a balance of probabilities. Rather, 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; Falati v. Smith, 2010 BCSC 465; aff'd 2011 BCCA 45.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
In assessing future loss of earning capacity for loss of past and future earning capacity, what is the test for a loss of future earnings allowance? (British Columbia, Canada)
What is the burden of proof for an assessment of past and future earning capacity? (British Columbia, Canada)
What is the burden of proof for a plaintiff in a claim for loss of future earnings due to loss of income due to climate change? (British Columbia, Canada)
When assessing future earning capacity, when assessing loss of future earnings capacity, has the court ever considered a loss of income projection or projection? (British Columbia, Canada)
What is the burden of proof for a plaintiff in a claim for loss of future earnings? (British Columbia, Canada)
What is the burden of proof for a claim of loss of future earnings? (British Columbia, Canada)
What is the burden of proof for a plaintiff in a claim for loss of future earning capacity? (British Columbia, Canada)
What is the impact of loss of future earning capacity on future earnings capacity? (British Columbia, Canada)
What is the burden of proof for an assessment of loss of past and future earning capacity? (British Columbia, Canada)
In assessing future loss of earning capacity for loss of past and future earning capacity, what allowances must be made and the award must be fair? (British Columbia, Canada)
