What is the standard of proof used to determine the quantum of damages in a motor vehicle accident?

British Columbia, Canada


The following excerpt is from Evans v Keill, 2018 BCSC 1651 (CanLII):

Regardless of the approach taken, per Falati v. Smith, 2010 BCSC 465 at para. 41, aff’d 2011 BCCA 45, the general principles the court should apply when making an assessment under this head of damages are: a) the court should assess damages rather than calculate them mathematically; b) the standard of proof is not the balance of probabilities; the plaintiff need only establish a real and substantial possibility of loss, one which is not mere speculation, and hypothetical events are weighed according to their relative likelihood; c) allowances must be made for the contingencies that the assumptions upon which an award is based may prove to be wrong; and d) the overall goal of the assessment is to be fair and reasonable.

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