What is the test for a plaintiff to prove that they have not missed work due to chronic pain?
British Columbia, Canada
The following excerpt is from Johal v Fazli, 2021 BCSC 1896 (CanLII):
It is clear from the jurisprudence that the task of the court is to determine whether the hypothetical events have evidentiary support that rises above “mere speculation”. Where a plaintiff has not missed work, but there is evidence that demonstrates a real and substantial possibility that the plaintiff’s chronic pain will affect her ability to work in the future, the plaintiff has met his or her burden: Clark v. Kouba, 2014 BCCA 50 at paras. 32–36.
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