What is the test for assessing the likelihood of a plaintiff earning more than he would have earned if he had not been involved in an accident?

British Columbia, Canada


The following excerpt is from Bhumrah v McLeary, 2021 BCSC 285 (CanLII):

The assessment will necessarily involve a comparison between what the plaintiff would probably have earned if the accident had never occurred and what he probably will earn having suffered the injuries in the accident: Kondor v. Shea, 2014 BCSC 2146 at para. 89.

An assessment of loss of future earning capacity involves consideration of hypothetical events. The plaintiff is not required to prove these hypothetical events on a balance of probabilities. Instead, they are simply given weight according to their relative likelihood. The future or hypothetical possibility will be taken into consideration as long as it is a real and substantial possibility and not mere speculation: Athey at para. 27; and Morlan v. Barrett, 2012 BCCA 66 at para. 38.

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