What is the standard of proof required for a plaintiff to prove that a hypothetical event occurred at the same time as an actual event?
British Columbia, Canada
The following excerpt is from Boyetchko v Mentias, 2021 BCSC 172 (CanLII):
The rationale for distinct standards of proof for past actual events and past hypothetical events was explained by Madam Justice Rowles in Smith v. Knudsen, 2004 BCCA 613 at para. 29: … What would have happened in the past but for the injury is no more “knowable” than what will happen in the future and therefore it is appropriate to assess the likelihood of hypothetical and future events rather than applying the balance of probabilities test that is applied with respect to past actual events.
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