The leading case on causation is set out in the Divisional Court’s decision in Sabadash v. State Farm (“Sabadash”).[2] This decision establishes that the test for determining causation in accident benefits cases is the “but for” test. The applicant must prove that “but for” the accident, she would not suffer the impairments which cause the complaints she puts forward as the basis for her claim. Sabadash supports that an accident need not be the sole cause but rather a “necessary cause” of an individual’s impairment. Issue i: The Minor Injury Guideline
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.