What is the test for foreseeability in a motor vehicle accident?

Ontario, Canada


The following excerpt is from Belton v. Spencer, 2021 ONSC 2029 (CanLII):

With respect to foreseeability, it is enough to fix liability if the defendant could foresee in a general way the sort of thing that happened. The extent of the damage and its manner of incidence need not be foreseeable if physical damage of the kind which in fact ensues is foreseeable. The precise circumstances leading up to the accident need not be foreseeable provided that the general harm is reasonably foreseeable. Wilk v. Arbour, at para. 42-43. DEFENDANT’S FAILURE TO WARN

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