What is the test for establishing that a breach of the standard of care was a factor in a motor vehicle accident?
British Columbia, Canada
The following excerpt is from Petes v Petersen, 2021 BCSC 1838 (CanLII):
The plaintiff bears the onus of establishing on a balance of probabilities that “but for” an alleged breach of the standard of care, the accident would not have taken place: Clements v. Clements, 2012 SCC 32 at paras. 8-9. The plaintiff must show that the breach of the standard of care was part of the cause, but need not show it was the sole cause: Athey v. Leonati, 1996 CanLII 183 (SCC), [1996] 3 S.C.R. 458 [Athey] at para. 17.
Finally, this case raises issues concerning the credibility and reliability of certain evidence, particularly that concerning liability for the accident. I am guided by the discussion of factors and approach in Bradshaw v. Stenner, 2010 BCSC 1398 at paras. 186-187, aff’d 2012 BCCA 296.
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