What is the standard of proof for future hypothetical events?

British Columbia, Canada


The following excerpt is from Visser v Cheema, 2020 BCSC 1098 (CanLII):

In relation to damages to compensate the plaintiff for the loss of future earning capacity, the parties agreed that the “capital asset approach” should be applied. Such damages are to be assessed as opposed to being based on a mathematical calculation, particularly in the case of a young person who has not yet established a specific career path. The test to be applied to future hypothetical events is stated in Rousta v. MacKay, 2018 BCCA 29 at para. 17: As can be seen from the above, the standard of proof for hypothetical past events, like hypothetical future events, is the lesser “real and substantial possibility” threshold. This standard can be contrasted with the standard of proof for past events, which is on the ordinary civil balance of probabilities standard, and alleged events which do not rise to the “real and substantial possibility” standard because they constitute mere speculation.

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