Is a plaintiff required to prove hypothetical losses of past earning capacity?
British Columbia, Canada
The following excerpt is from Jenkins v 0702117 B.C. Ltd., 2021 BCSC 635 (CanLII):
Accordingly, a plaintiff is not required to prove hypothetical losses of past earning capacity on a balance of probabilities. The question is whether there is a real and substantial possibility of the loss. A future or hypothetical possibility may be considered if it is a real and substantial possibility, not mere speculation: Athey, at para. 27; Morlan v. Barrett, 2012 BCCA 66 at para. 38.
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