What is the burden of proof for a plaintiff in a claim for loss of future earning capacity?
British Columbia, Canada
The following excerpt is from Kirkham v. Richardson, 2014 BCSC 1068 (CanLII):
The burden of proof for actual past events is a balance of probabilities. However, an assessment of loss of both past and future earning capacity also involves consideration of hypothetical events. The plaintiff is not required to prove these hypothetical events on a balance of probabilities; rather, hypothetical events are 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; Morlan v. Barrett, 2012 BCCA 66, at para. 38.
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