What is the test for determining whether a plaintiff would have performed the same or the same work?
British Columbia, Canada
The following excerpt is from Lalonde v Lyall, 2019 BCSC 2259 (CanLII):
Where the analysis calls for a consideration of hypothetical events, the plaintiff is not required to prove such events on a balance of probabilities. The plaintiff need only establish “a real and substantial possibility”, as distinguished from mere speculation: Grewal at para. 48. It is also important to keep in mind that damages are awarded for work that the plaintiff “would have performed”, not “could have performed”, but for the defendant’s negligence and its impact on the plaintiff: Rowe v. Bobell Express Ltd. at para. 30.
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