What is the test for determining whether a plaintiff's injuries are divisible or indivisible?
British Columbia, Canada
The following excerpt is from Williams v. Gallagher, 2015 BCSC 1776 (CanLII):
Where there are potentially multiple causes of a plaintiff's injuries, it is necessary to determine whether the injuries are divisible or indivisible in order to ensure that the defendants are not held liable for injuries not caused by their negligence: Athey, at paras. 24-25. Indivisible injuries are those that cannot be separated or have liability attributed to the constituent causes whereas divisible injuries are those capable of being separated out and having their damages assessed independently: Bradley v. Groves, 2010 BCCA 361, at para. 20, leave to appeal ref'd [2010] S.C.C.A. No. 337. If an injury is indivisible, subject to contributory negligence, the defendant is liable for all damages attributable to that injury regardless of the contribution of other causes: Athey, at paras. 17-20, 25.
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