What is the standard of proof in relation to loss of earning capacity?
British Columbia, Canada
The following excerpt is from Lucas v Canniff, 2021 BCSC 1014 (CanLII):
The standard of proof in relation to future events is simple probability, not the balance of probabilities. Hypothetical events are to be given weight according to their relative likelihood. Allowance must be made for the contingency that the assumptions upon which the award is based may prove to be wrong. The valuation of the loss of earning capacity may involve a comparison of what the plaintiff would probably have earned but for the accident and what she will probably earn in her injured condition. However, that is not the end of the inquiry. The overall fairness of the award must be considered: Reilly v. Lynn, 2003 BCCA 49 at para. 101.
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