What is the burden of proof in determining past income loss?
British Columbia, Canada
The following excerpt is from Lomax v. Weins, 2003 BCSC 1354 (CanLII):
In Schellak v. Barr, supra, Thackray J.A. reiterated that past earning history must be considered in assessing a loss of income earning capacity and is a significant factor in estimating the likelihood of what would have happened in the future but for the accident (¶ 75 & 76). The burden of proof in establishing past income loss is on a balance of probabilities.
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