What is the test for determining whether a defendant's negligence was a contributory factor in causing an injury?
British Columbia, Canada
The following excerpt is from Binning v Kandola, 2021 BCSC 157 (CanLII):
The primary test for causation asks: but-for a defendant’s negligence, would the plaintiff have suffered the injury? The “but-for” test recognizes that negligent conduct is only compensable when there is a substantial connection between the injury and the defendant’s conduct: Clements v. Clements, 2012 SCC 32. Causation must be established on a balance of probabilities before damages are assessed: Blackwater v. Plint, 2005 SCC 58 at para. 78 [Blackwater].
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