In assessing damages for lost earning capacity, does the court need to consider hypothetical events?
British Columbia, Canada
The following excerpt is from De Groot v Heller, 2018 BCSC 14 (CanLII):
As noted recently by Justice Sewell in Chong v. Nguyen, 2017 BCSC 1564, at paras. 100 – 101, in assessing damages for lost earning capacity, whether past or future, the court must consider hypothetical events that need not be proven on a balance of probabilities. See Grewal v. Naumann, 2017 BCCA 158, at paras. 48 and 49.
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