Can a contingency for future loss of income be proven and established on the record?
Nova Scotia, Canada
The following excerpt is from MacDonald v. MacVicar, 2018 NSSC 271 (CanLII):
Saunders, J.A pointed out in Campbell-MacIsaac v. Deveaux, 2004 NSCA 87, at paragraph 102, that general contingencies may not be easily susceptible to formal proof, allowing some discretion to adjust an award for future pecuniary loss, but with respect to a specific contingency, whether positive or negative, it must be proven and established on the record, if it is to be factored into an overall award.
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