What is the test for a plaintiff to prove hypothetical events such as how their life would have proceeded without a tortious injury?
Ontario, Canada
The following excerpt is from West v. Knowles, 2021 ONCA 296 (CanLII):
Unlike past events, hypothetical events, such as how a plaintiff’s life would have proceeded absent a tortious injury, need not be proven on the balance of probabilities. Instead, hypothetical events must be “given weight according to their relative likelihood”: Athey, at para. 27; MacLeod v. Marshall, 2019 ONCA 842, 148 O.R. (3d) 727, at paras. 17-18.
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