I considered the principles outlined in Smith v. Knudsen, 2004 BCCA 613 at paras. 23-37 to apply in these circumstances, and I find it would be reasonable to assess his chances of achieving a promotion to foreman by January 2012 at greater than 50%. His injuries prevented him from applying. As he testified, he is still unable to do the ladder work, and his is actively working on that.
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