What is the balance of probabilities test for assessing damages in a motor vehicle accident?
New Brunswick, Canada
The following excerpt is from Basque v. The City of Saint John, 2002 NBQB 131 (CanLII):
The principle is stated as follows in Janiak v. Ippolito (supra): the balance of probabilities test is confined to determining what did in fact happen in the past. In assessing damages the court determines not only what will happen but what would have happened by estimating the chance of the relevant event occurring, which chance is then to be directly reflected in the amount of damages.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the difference between a plaintiff and a court in assessing damages in a motor vehicle accident case? (New Brunswick, Canada)
How have the courts interpreted the findings of the Court of Appeal in the context of a claim for damages arising out of a motor vehicle accident? (New Brunswick, Canada)
What is the onus of proving damages in a motor vehicle accident? (New Brunswick, Canada)
Is a motion for an order to separate liability and damages separate from a motor vehicle accident trial? (New Brunswick, Canada)
What is the standard of damages for personal injury in a motor vehicle accident case? (New Brunswick, Canada)
What is the test for admitting liability in a motor vehicle accident? (New Brunswick, Canada)
In a motor vehicle accident case, in what circumstances will a plaintiff be held 50% to blame for the collision? (New Brunswick, Canada)
What is the impact of a motor vehicle accident on the employment of a plumber? (New Brunswick, Canada)
What is the test for serious impairment in a motor vehicle accident? (New Brunswick, Canada)
What is the standard of care for an individual who is injured in a motor vehicle accident? (New Brunswick, Canada)
