What is the test for determining whether a defendant is responsible for an injury suffered by a plaintiff as a result of their actions?
British Columbia, Canada
The following excerpt is from Yip v. Saran, 2014 BCSC 1283 (CanLII):
The plaintiff must establish causation for both injury and loss. “Injury” refers to the initial physical or mental impairment suffered by the plaintiff as a result of the defendant’s act. “Loss” refers to the pecuniary or non-pecuniary consequences of that impairment. See, for example, Blackwater v. Plint, 2001 BCSC 997, at para. 364. If a defendant did not cause an injury, he or she is not liable for losses flowing from that injury. Even if a defendant did cause an injury, he or she is not liable for any losses or damages that were not caused by that injury.
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