What is the correct approach to proving hypothetical events?
British Columbia, Canada
The following excerpt is from Riley v. Ritsco, 2018 BCCA 366 (CanLII):
The correct approach to hypothetical events is that set out by Goepel J.A. (dissenting, but not on this point) at para. 49 of Grewal v. Naumann, 2017 BCCA 158. Such events need not be proven on the balance of probabilities. Rather:
The assessment of past or future loss requires the court to estimate a pecuniary loss by weighing possibilities and probabilities of hypothetical events. The use of economic and statistical evidence does not turn the assessment into a calculation but can be a helpful tool in determining what is fair and reasonable in the circumstances: Dunbar v. Mendez, 2016 BCCA 211 at para. 21.
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