What is the test for establishing a causation in a motor vehicle accident case?
British Columbia, Canada
The following excerpt is from Qualizza v. Lee et al, 2007 BCSC 303 (CanLII):
Causation in negligence cases is established where the injury of the plaintiff would not have happened “but for” the negligence of the defendant or where the defendant’s negligence is found to have “materially contributed” to the injury: Athey v. Leonarti, 1996 CanLII 183 (SCC), [1996] 3 S.C.R. 458 at ¶14-15. Therefore, the plaintiff bears the onus of proving that the defendant caused or contributed to the injury.
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