What is the standard of proof in evaluating a hypothetical result?

The standard of proof in evaluating a hypothetical result is simple probability: Athey v. Leonati, 1996 CanLII 183 (SCC), [1996] 3 S.C.R. 458. Evidence of a substantial possibly of an event occurring is sufficient provided it is not mere speculation. Possibilities are to be given weight according to the percentage chance they would have happened or will happen.

A trial judge must assess the loss of the capital asset taking into consideration relevant factors which include whether: 1. The plaintiff has been rendered less capable overall from earning income from all types of employment; 2. The plaintiff is less marketable or attractive as an employee to potential employers; 3. The plaintiff has lost the ability to take advantage of all job opportunities which might otherwise have been open to him, had he not been injured; and 4. The plaintiff is less valuable to himself as a person capable of earning income in a competitive labour market. (Perren v. Lalari, 2010 BCCA 140, Garson J.A. at para. 11)