What is the test for establishing contributory negligence against a defendant in a motor vehicle accident?
British Columbia, Canada
The following excerpt is from Telford v. Hogan, 2014 BCSC 1925 (CanLII):
In Gilbert v. Bottle, 2011 BCSC 1389, the court was addressing a similar issue. Madam Justice Dickson summarized the task of the court in assessing whether the defendant has satisfied the onus of establishing contributory negligence on the part of the plaintiff in these circumstances:
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