What is the standard of proof required for a plaintiff to prove they have been diagnosed with motor neurone disease?

British Columbia, Canada


The following excerpt is from Debruyn v Kim, 2021 BCSC 620 (CanLII):

The plaintiff must demonstrate both impairment to her earning capacity and a real and substantial possibility that the impairment will result in a pecuniary loss. The standard of proof is simple probability, not the balance of probabilities: Reilly v. Lynn, 2003 BCCA 49 at para. 101, citing Atheyv at para. 27.

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