What is the test for a plaintiff to recover damages for negligence in a motor vehicle accident?
Saskatchewan, Canada
The following excerpt is from McKee v. Lavary, 1923 CanLII 90 (SK CA):
In Daniel v. Metropolitan Ry., L.R. 3 C.P. 216, Willes, J. said that, to entitle a plaintiff to recover in an action for negligence, he must establish in evidence circumstances from which it may fairly be inferred that there is a reasonable probability that the injury resulted from the want of some precaution to which the defendant might and ought to have resorted.
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