What is the limitation of liability of a defendant in a motor vehicle accident case?
Alberta, Canada
The following excerpt is from Walsh v Mobil Oil Canada (Exxmobil Canada Ltd.), 2012 ABQB 527 (CanLII):
The Court in Resurfice also indicated at para. 23 that, where the losses sustained may not be connected to the acts of the defendant, no liability for the loss will be found: The “but for” rest recognizes that compensation for negligent conduct should only be made “where a substantial connection between the injury and the defendant’s conduct” is present. It ensures that a defendant will not be held liable for the plaintiff’s injuries where they “may very well be due to factors unconnected to the defendant and not the fault of anyone”: Snell v. Farrell, at p. 327, per Sopinka J. [emphasis added]
"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
In a motor vehicle accident case where the victim is not dead but still exists, is there any case law that supports the presumption that the accident victim’s death is not an accident? (Alberta, Canada)
In a motor vehicle accident case, in what circumstances will a plaintiff not be liable for failing to warn the driver of the vehicle that there is no evidence that such warnings would have prevented the accident? (Alberta, Canada)
Does the burden of proof against the Registrar of Motor Vehicles apply to motor vehicle accident claims? (Alberta, Canada)
In a motor vehicle accident where there may be multiple causes of damage or injury, can a defendant escape full liability? (Alberta, Canada)
Does a co-defendant have to pay the costs of an unsuccessful defendant in a motor vehicle accident action? (Alberta, Canada)
How have courts apportioned the 80-20 split between liability and apportionment of liability in a motor vehicle accident? (Alberta, Canada)
What is the liability of the named Defendant in a motor vehicle accident? (Alberta, Canada)
How is liability apportioned between two defendants in a motor vehicle accident for chronic pain syndrome? (Alberta, Canada)
In what circumstances will a second counsel fee be awarded in a motor vehicle accident case? (Alberta, Canada)
How is liability apportioned between the parties in a motor vehicle accident? (Alberta, Canada)
