Is there any difference between the way the courts deal with alleged past events and hypothetical events?
British Columbia, Canada
The following excerpt is from Clubine v Paniagua, 2018 BCSC 146 (CanLII):
With respect, I cannot agree. The appellants’ submission conflates the way courts deal with alleged past events and the way courts deal with hypothetical events, past or future. This fundamental distinction was explained in Athey v. Leonati, 1996 CanLII 183 (SCC), [1996] 3 S.C.R. 458:
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