What is the test for determining whether a plaintiff is liable for a motor vehicle accident?
British Columbia, Canada
The following excerpt is from Murphy v. Jagerhofer, 2009 BCSC 335 (CanLII):
Counsel submitted that the two issues to be determined are causation and quantum. Relying on the decision in Athey v. Leonati 1996 CanLII 183 (SCC), [1996] S.C.J. No. 102, counsel argued that it is not necessary to show that the defendant’s negligence was the sole cause of his injury. As long as the act of the defendant “is part of the cause of an injury, the defendant is liable, even though his act alone was not enough to create the injury”. Counsel submitted that evidence of “causation” could be gleaned from his pre-accident health and the reports of the experts.
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