What is the test for determining liability under the Negligence Act?

Apportionment of liability under the Negligence Act is not based on assessing degrees of causation but rather assessing degrees of “fault”. In this context, the concept of fault means “blameworthiness” and the task is to gauge the amount by which each party’s conduct in causing the accident fell short of the standard of care required of that person in all the circumstances. This latter inquiry is informed by various factors, including the nature and magnitude of the departure from the required standard of care and the gravity of risk thereby created. (See Cempel v. Harrison Hot Springs Hotel Ltd. (1997), 100 BCSC 212, and the case law discussed in Aberdeen v. Langley (Township), 2007 BCSC 993.)