What is the impact of applying the crumbling skull doctrine on the calculation of future losses?
British Columbia, Canada
The following excerpt is from Booth v. Gartner, 2010 BCSC 471 (CanLII):
However, application of the crumbling skull doctrine may not result in the same reduction for past losses as future losses. Past losses must be assessed on the basis of a balance of probabilities. “Once the burden of proof is met, causation must be accepted as a certainty,” [Athey v. Leonati, 1996 CanLII 183 (SCC), [1996] 3 S.C.R. 458] ¶ 30). But for the assessment of future losses, “[a] future or hypothetical possibility will be taken into consideration as long as it is a real and substantial possibility and not mere speculation,” (Athey ¶ 27)
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