In what circumstances will the court consider a hypothetical, future benefit?

British Columbia, Canada


The following excerpt is from Hilltop Sand & Gravel Co. Ltd. v. FortisBC Inc., 2010 BCSC 108 (CanLII):

In the alternative, the petitioner submits that if a hypothetical, future benefit can be a practical benefit, the alleged benefit should be evaluated in accordance with the way courts deal with potential hypothetical or future events that is, that there must be a real and substantial possibility of the event occurring and not just mere speculation for it to be taken into consideration: Athey v. Leonati, 1996 CanLII 183 (SCC), [1996] 3 S.C.R. 458 at paras. 26 and 27, 140 D.L.R. (4th) 235.

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