What is the test for establishing contributory negligence in a motor vehicle accident?

Cheifetz noted the importance of circumstantial evidence to inferring facts, by quoting Major J. in Fontaine v. British Columbia 1998 CanLII 814 (SCC), [1998] 1 S.C.R. 424, the decision that abolished res ipsa loquitur in Canada: After all, it is nothing more than an attempt to deal with circumstantial evidence. That evidence is more sensibly dealt with by the trier of fact, who should weigh the circumstantial evidence with the direct evidence, if any, to determine whether the plaintiff has established on a balance of probabilities a prima facie case of negligence against the defendant. Once the plaintiff has done so, the defendant must present evidence negating that of the plaintiff or necessarily the plaintiff will succeed... This statement is relevant to this case. Sixth Element - Contributory Negligence