What is the standard of proof in relation to loss of earning capacity?
British Columbia, Canada
The following excerpt is from Lucas v Canniff, 2021 BCSC 1014 (CanLII):
The standard of proof in relation to future events is simple probability, not the balance of probabilities. Hypothetical events are to be given weight according to their relative likelihood. Allowance must be made for the contingency that the assumptions upon which the award is based may prove to be wrong. The valuation of the loss of earning capacity may involve a comparison of what the plaintiff would probably have earned but for the accident and what she will probably earn in her injured condition. However, that is not the end of the inquiry. The overall fairness of the award must be considered: Reilly v. Lynn, 2003 BCCA 49 at para. 101.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
In assessing future loss of earning capacity for loss of past and future earning capacity, what is the test for a loss of future earnings allowance? (British Columbia, Canada)
Is there any case law that supports the argument that past loss of earning capacity affects future earning capacity? (British Columbia, Canada)
What is the standard of proof required for a claim for loss of future earnings capacity? (British Columbia, Canada)
Does loss of earning capacity award for a motor vehicle accident take into account factors which would have reduced income earning capacity even without the accident? (British Columbia, Canada)
What is the impact of loss of future earning capacity on future earnings capacity? (British Columbia, Canada)
What is the standard of proof in a loss of earning capacity case? (British Columbia, Canada)
Is there a loss of earning capacity when there is no reduction in income earning capacity? (British Columbia, Canada)
In a loss of future earning capacity case, is a plaintiff entitled to an award for loss of earning capacity? (British Columbia, Canada)
In the context of diminished earning capacity, what is the proper analysis of past and future diminished earnings capacity? (British Columbia, Canada)
What is the impact of loss of future earning capacity on an individual’s earning capacity? (British Columbia, Canada)
