What is the test for claiming liability for injuries sustained in a motor vehicle accident?
British Columbia, Canada
The following excerpt is from Mattu v. Fust, 2009 BCSC 624 (CanLII):
The plaintiff says that before the accident, he was able to engage in all manner of physical activity and work long hours. He had no history of neck or back pain. The plaintiff says, relying on Athey v. Leonati, 1996 CanLII 183 (SCC), [1996] 3 S.C.R. 458, 140 D.L.R. (4th) 235, that his injuries were caused or contributed to by the motor vehicle accident and the defendant is responsible for them.
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