What is the test for determining whether a defendant is liable in a motor vehicle accident?
British Columbia, Canada
The following excerpt is from Rutkowski v Nadarajah, 2020 BCSC 583 (CanLII):
The plaintiff must establish on a balance of probabilities that the defendant’s negligence caused or materially contributed to an injury. The defendant’s negligence need not be the sole cause of the injury. As long as a defendant is a material part of the cause of an injury, the defendant is liable, even where his act alone was not enough to create the injury: Athey v. Leonati, 1996 CanLII 183 (SCC), [1996] 3 S.C.R. 458 at paras. 13-17.
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