What is the standard of proof for a plaintiff to prove that a hypothetical event will not affect his claim?
British Columbia, Canada
The following excerpt is from Dzumhur v. Davoody, 2015 BCSC 2316 (CanLII):
In Rosvold v. Dunlop, 2001 BCCA 1 at para. 9, the same court stated: The standard of proof to be applied when evaluating hypothetical events that may affect an award is simple probability, not the balance of probabilities [citation omitted]. Possibilities and probabilities, chances, opportunities, and risks must all be considered, so long as they are a real and substantial possibility and not mere speculation. These possibilities are to be given weight according to the percentage chance they … will happen.
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