What is the test for determining whether a plaintiff is entitled to damages from an event that may happen in the future?
Alberta, Canada
The following excerpt is from Wiebe v. Loadmasters International Transportation, 2005 ABQB 525 (CanLII):
Unlike past events, future events need not be proven on a balance of probabilities: Athey v. Leonati, 1996 CanLII 183 (SCC), [1996] 3 S.C.R. 458. Rather, a plaintiff seeking recovery for an event that may occur in the future is entitled to damages if he can establish a “real and substantial possibility” that the event will occur: Athey.
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