What is the test for determining what a plaintiff would have earned but for their injuries?
British Columbia, Canada
The following excerpt is from Johnson v Scott, 2021 BCSC 38 (CanLII):
The defendants’ counsel begins with the important principle that determining hypothetical past events, such as what a plaintiff would have earned but for their injuries, requires that the events in question be “real and substantial possibilities”, not “mere speculation”. Such possibilities must be weighed according to their likelihood, and the question is what the plaintiff “would have”, not “could have” earned: see the cases summarized in Partridge v. Buskop, 2019 BCSC 459 at paras. 172-174.
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