What is the test for determining whether a defendant is liable for loss of income as a result of their negligence?
Newfoundland and Labrador, Canada
The following excerpt is from Reid v. Joy, 1999 CanLII 19035 (NL CA):
Causation is deemed to have been established where it is shown the defendant's negligence "materially contributed" to the injury and the defendant's negligence need not be the only or sole cause of injury to make a defendant liable for the full loss. Athey v. Leonati stands for the proposition that a plaintiff is not required to establish that the defendant's negligence was the sole cause of injury and as long as a defendant is "part" of the cause of an injury the defendant is liable although his or her act by itself was not sufficient to produce the injury. Once causation is established, the plaintiff's loss is not to be apportioned between the tortious injury and a non-tortious injury. Degenerative Disc Disease
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