What is the test for proving past loss against future loss?
Alberta, Canada
The following excerpt is from Adeshina v. Litwiniuk & Company, 2010 ABQB 80 (CanLII):
Past loss must be proved on a balance of probabilities; future loss must be proved on a “simple probabilities” basis. “A future or hypothetical possibility will be taken into consideration as long as it is a real and substantial possibility and not mere speculation” and future or hypothetical possibilities are simply given weight according to their relative likelihood: Athey v. Leonati, 1996 CanLII 183 (SCC), [1996] 3 S.C.R. 458 at para. 27.
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