What is the test for a plaintiff to prove that their mental health condition was not a result of negligence?
British Columbia, Canada
The following excerpt is from Yungen v. Fraser Health Authority, 2012 BCSC 933 (CanLII):
As stated in Thiessen v. Kover, 2008 BCSC 1445, the onus of proof is on the plaintiff to show that but for the negligence of the defendant the psychiatric or psychological conditions now experienced by the plaintiff would not have occurred.
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