What is the legal test of causation in a motor vehicle accident?
Manitoba, Canada
The following excerpt is from Dumesnil v. Dr. Jacob et al., 2021 MBQB 240 (CanLII):
Once the cause in fact is determined, the court must apply the legal test of causation to the evidence to determine whether the plaintiff has proven, on a balance of probabilities, that her injuries were caused by the defendants’ tortious conduct. As a general rule, the legal test of causation requires a plaintiff to establish that she would not have suffered the loss alleged “but for” the negligent act or acts of the defendants. (Clements v. Clements, 2012 SCC 32, [2012] 2 S.C.R. 181 (“Clements”) at para. 8)
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