What is the test for a plaintiff to hold a defendant liable in a motor vehicle accident case?
British Columbia, Canada
The following excerpt is from Curtiss v The Corporation of the District of West Vancouver, 2018 BCSC 509 (CanLII):
Second, the plaintiff must establish causation in law. This has been described as proving the defendant was a proximate cause of the loss, the damage was not too remote from the factual cause, or the damage suffered was reasonably foreseeable: Hussack at para. 54. Overall the inquiry asks whether the harm is too unrelated to the wrongful conduct to hold the defendant fairly liable: Mustapha v. Culligan of Canada Ltd., 2008 SCC 27 at paras. 11 and 12.
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