What is the test for using the doctrine of causation in a motor vehicle accident claim?
British Columbia, Canada
The following excerpt is from Schoenke v. Overwaitea Foods Limited, 2003 BCPC 465 (CanLII):
The use of the doctrine is highly limited and is confined to cases where the facts permit an inference to be drawn and there is no other reasonable explanation as to why or how the accident occurred. If there is direct and circumstantial evidence which establishes a prima facie case of negligence, the defendant ought to lead evidence offering an explanation to negate the plaintiff's case (Fontaine v. Insurance Corporation of British Columbia, (1997), 1998 CanLII 814 (SCC), 156 D.L.R. (4th) 577).
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