What is the difference between determining a cause of injury and assessing damages to compensate for that damage?
British Columbia, Canada
The following excerpt is from Medina v Wong, 2018 BCSC 292 (CanLII):
Determining the cause of loss and damage must be kept separate from the assessment of damages to compensate for that loss and damage, since different principles govern the two questions. The analytical distinction between causation and compensation may be illustrated by reference to Athey v. Leonati. The appellant in that case suffered a disc herniation as a result of the combined effect of a pre-existing disposition and injuries he had sustained in two motor vehicle accidents. Major J., speaking for the court, distinguished between causation and the assessment of damages in his summary of the applicable principles:
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