What is the test for a plaintiff to be successful in her personal injury claim?
British Columbia, Canada
The following excerpt is from Bedwell v. McGill, 2008 BCCA 6 (CanLII):
In addition, it was necessary for the appellant to have proven a substantial possibility of a future event leading to an income loss (see Steward v. Berezan, 2007 BCCA 150, 64 B.C.L.R. (4th) 152 at para. 17). Based on the trial judge's finding with respect to the extent of her ongoing injuries caused by the accident and the fall, and the lack of evidence that such injuries could lead to a future income loss, it follows that she did not prove such a substantial possibility.
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