What is the test for determining whether a plaintiff has been injured in a motor vehicle accident?
British Columbia, Canada
The following excerpt is from Sharma v Day, 2020 BCSC 1365 (CanLII):
The general principles of causation are well established. The onus is on the plaintiff to prove on a balance of probabilities that the defendant caused or contributed to the injuries for which he seeks compensation. The general test for causation is the “but for” test, which requires a plaintiff to show that the injury for which they seek compensation would not have occurred but for the defendant’s tortious act: Athey v. Leonati, 1996 CanLII 183 (SCC), [1996] 3 S.C.R. 458 at paras. 13–14 [Athey].
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