What is the test for proving causation in a personal injury action?

British Columbia, Canada


The following excerpt is from Thorne v. Lind, 2013 BCSC 862 (CanLII):

A defendant is only liable for the injuries that her negligence caused the plaintiff. In proving causation, the plaintiff must prove on a balance of probabilities that but for the defendant’s negligence, the plaintiff would not have suffered the injuries for which she claims: Clements v. Clements, 2012 SCC 32 (“Clements”) at para 8; Midgley v. Nguyen, 2013 BCSC 693 at paras. 167-172.

When assessing damages, the plaintiff is only to be compensated for the injuries caused by the defendant. The damages assessment is an attempt to put the plaintiff in a position she would have been but for the injuries caused by the defendant’s negligence. The damages assessment does not compensate the plaintiff for expenses or loss she would have incurred in her life in any event, even without the accident, nor does it seek to put her in a better position that she would have been if the accident had not occurred: see Moore v. Kyba, 2012 BCCA 361.

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