What is the standard of proof for a plaintiff to prove that a hypothetical event is not a probability, not a balance of probabilities?
British Columbia, Canada
The following excerpt is from Kelly v Kalra, 2019 BCSC 1305 (CanLII):
In Reilly v. Lynn, 2003 BCCA 49 at para. 101, Low J.A. observed, “The standard of proof in relation to future events is simple probability, not the balance of probabilities, and hypothetical events are to be given weight according to their relative likelihood”. The task of the court is to assess the losses, not to mathematically calculate them.
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