What is the burden of proof for loss of income?
British Columbia, Canada
The following excerpt is from Hardychuk v. Johnstone, 2012 BCSC 1359 (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.
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