What is the impact of a future or hypothetical possibility on the law in the context of the Court of Appeal?

British Columbia, Canada


The following excerpt is from Ferguson v Watt, 2018 BCSC 1587 (CanLII):

A future or hypothetical possibility will be taken into consideration as long as it is a real and substantial possibility and not mere speculation: Athey at para. 27; and Morlan v. Barrett, 2012 BCCA 66 at para. 38.

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