Is a plaintiff's mental health disorder a contributory factor in a motor vehicle accident?
British Columbia, Canada
The following excerpt is from L.A.F. v G.M.F.C. Ltd., 2019 BCSC 2252 (CanLII):
The plaintiff has established that the collision was a contributing cause to the destabilization and permanent aggravation of the plaintiff’s pre-existing bipolar disorder. Consequently, the defendants’ are fully liable for the resulting injury and loss, subject to any reduction in liability for the debilitating effects of pre-existing conditions and post-collision intervening events: Blackwater v. Plint, 2005 SCC 58 at paras. 78 and 80; Athey at paras. 32-36.
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