What is the test for determining whether a party asserting the affirmative in a summary trial has been found negligent in a motor vehicle accident?
British Columbia, Canada
The following excerpt is from Insurance Corporation of British Columbia v. Dick, 2016 BCCA 419 (CanLII):
As at an ordinary trial, the party asserting the affirmative in a summary trial must prove it on a balance of probabilities. In order to prove negligence, the appellant was required to prove that ICBC owed him a duty of care and breached the appropriate standard of care causing him loss: Mustapha v. Culligan of Canada Ltd., 2008 SCC 27 at paras. 4‑8.
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