What is the test for proving that a hypothetical event would have occurred?
British Columbia, Canada
The following excerpt is from Towson v. Bergman, 2009 BCSC 143 (CanLII):
As set out in Athey v. Leonati, 1996 CanLII 183 (SCC), [1996] 3 S.C.R. 458, 140 D.L.R. (4th) 235, it is not necessary to prove on the balance of probabilities that the hypothetical event would have occurred. A hypothetical possibility will be taken into consideration provided it is a real and substantial possibility and not mere speculation. If there is such a possibility, then the possibility will be given weight according to the likelihood of its occurrence.
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