What is the test for a plaintiff to bring a claim for negligence in a motor vehicle accident?

Ontario, Canada


The following excerpt is from Belton v. Spencer, 2021 ONSC 2029 (CanLII):

In order to succeed, the plaintiff must prove both a breach of the standard of care as well as causation on a balance of probabilities. The plaintiff must prove that but for the defendant’s breach of the standard of care, the injury would not have occurred. It is not sufficient for the court to infer causation or to draw an inference based on common sense; the onus is on the plaintiff to lead evidence to demonstrate that the defendant’s negligent conduct caused the injury. Clements v. Clements, 2012 SCC 32; Fowlow v. Southlake Regional Health Centre, 2014 ONCA 193; Tahir v. Mitoff, 2019 ONSC 7298 at para. 41.

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