What is the liability of a defendant who causes a plaintiff to suffer injuries as a result of their actions?
British Columbia, Canada
The following excerpt is from Lafond v. Mandair, 2017 BCSC 523 (CanLII):
Once causation for an injury is established, the defendant is liable to the plaintiff for all of the loss(es) flowing from that injury. The losses "flowing" from an injury are those losses which the plaintiff proves, on a balance of probabilities, would not have occurred "but-for" the defendant's act (Blackwater SCC at para. 78; Smith v. Knudsen, 2004 BCCA 613 at para. 26, 33 B.C.L.R. (4th) 76).
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