What is the burden of proof for a plaintiff in a claim for loss of future earnings due to loss of income due to climate change?
British Columbia, Canada
The following excerpt is from Grewal v Sanghera, 2021 BCSC 621 (CanLII):
The plaintiff’s burden of proof related to actual past events must meet the standard of a balance of probabilities. Assessing the loss of both past and future earning capacity involves a consideration of hypothetical events; the plaintiff is not required to prove these to the standard of a balance of probabilities: Rousta v. MacKay, 2018 BCCA 29 at paras. 14, 17 [Rousta]. Instead, the standard for the proof for hypothetical past events, like hypothetical future events will be taken into consideration as long as it is a real and substantial possibility and not mere speculation. These will be given weight according to their relative likelihood: Athey at paras. 27, 28.
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