What standard of proof is applied when evaluating hypothetical losses of future earnings?
British Columbia, Canada
The following excerpt is from Bergen v. Gaetz, 2015 BCSC 2303 (CanLII):
The standard of proof to be applied when evaluating hypothetical events such as loss of future earnings, is simple probability rather than the balance of probabilities: Athey v. Leonati, 1996 CanLII 183 (SCC), [1996] 3 S.C.R. 458, [1996] S.C.J. No. 102.
Mr. Justice Abrioux provided a helpful summary of the principles in Karim v. Li, 2015 BCSC 498 at paras. 148-151. He explained the two possible approaches to an assessment of this type of award:
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
In assessing future loss of earning capacity for loss of past and future earning capacity, what is the test for a loss of future earnings allowance? (British Columbia, Canada)
In assessing future loss of earning capacity for loss of past and future earning capacity, what allowances must be made and the award must be fair? (British Columbia, Canada)
When assessing future earning capacity, when assessing loss of future earnings capacity, has the court ever considered a loss of income projection or projection? (British Columbia, Canada)
What is the standard of proof for a loss of future earning capacity award? (British Columbia, Canada)
What is the burden of proof for a plaintiff in a claim for loss of future earnings due to loss of income due to climate change? (British Columbia, Canada)
What is the standard of proof for a claim for loss of future earning capacity? (British Columbia, Canada)
What is the impact of past loss of earnings on future loss of earning capacity? (British Columbia, Canada)
What is the standard of proof required for a claim for loss of future earnings capacity? (British Columbia, Canada)
In a loss of future earning capacity case, is a plaintiff entitled to an award for loss of earning capacity? (British Columbia, Canada)
What is the impact of loss of future earning capacity on future earnings capacity? (British Columbia, Canada)
