What is the test for establishing that a defendant caused, or contributed to, a plaintiff's symptoms?
British Columbia, Canada
The following excerpt is from Litt v. Hassan, 2015 BCSC 1920 (CanLII):
The plaintiff need not prove that the defendant was the sole cause of the injury. It is sufficient that the defendant caused or contributed to the symptoms: Athey at paras. 17 - 20; Hosak v. Hirst, 2003 BCCA 42 at paras. 70 - 72.
Once factual causation is found, liability may still be limited in the assessment of damages. I note the well-established principle of tort law that the defendant need not place the plaintiff in a better position than his original position and should not be required to compensate the plaintiff for damage he would have suffered in any event. This is otherwise known as the crumbling skull rule: Blackwater v. Plint, 2005 SCC 58 at paras. 78 - 81.
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