How is the balance of probabilities applied in assessing future losses?
British Columbia, Canada
The following excerpt is from Haile v. Johns, 2003 BCSC 843 (CanLII):
In assessing future losses the court must take account of possibilities, as described in Steenblok v. Funk (1990), 46 B.C.L.R. (2d) 133 (B.C.C.A.) per Hutcheon, J. at p. 133: In dealing with future loss, “substantial possibilities” must be considered by estimating the chance of the event occurring. The balance of probabilities test is confined to determining what in fact happened in the past. The trial judge placed too high an onus on the plaintiff, who needed only to establish that his future loss was a real possibility and that there was a reasonable chance it might occur. That chance would then be directly reflected in the amount of damages. . .
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