Does the balance of probability test apply in assessing damages for personal injury?

Ontario, Canada


The following excerpt is from Traquair v. National Arts Centre Corp., 2004 CanLII 33803 (ON SC):

The Ontario Court of Appeal in Schrump v. Koot, supra, rejected the balance of probability test and stated as follows: [I]n the area of the law relating to the assessment of damages for physical injury, though it may be necessary for a plaintiff to prove on the balance of probabilities that the tortious act or omission was the effective cause of the harm suffered, it is not necessary for him to prove that future loss or damage will occur, but only that there is a reasonable chance of such loss or damage occurring.

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