What is the burden of proof for damages in a motor vehicle accident?

Alberta, Canada


The following excerpt is from Norminton v. B & B Electronics Ltd., 2009 ABQB 18 (CanLII):

The Plaintiff bears the onus of proving that the Accident caused or contributed to the damages claimed. This onus was discussed by Phillips J., in Imbir v. Barron, 2006 ABQB 419, at para. 235 as follows: Once causation of the various injuries is proven, the plaintiff bears the onus of proving that the accident caused or contributed to the damage. The burden of proof with respect to damages varies depending on whether the loss is a past, actual loss or a future, anticipated loss. Past losses must be proved on a balance of probabilities. Future losses must be proven on a "simple probabilities" basis: "A future or hypothetical possibility will be taken into consideration as long as it is a real and substantial possibility and not mere speculation", and once that threshold is reached, "they are simply given weight according to their relative likelihood": Athey, at para. 27.

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