What is the test for a plaintiff to prove that two accidents caused or materially contributed to her chronic pain syndrome?
British Columbia, Canada
The following excerpt is from Wahid v. Caporusso, 2016 BCSC 1743 (CanLII):
The plaintiff must establish on the balance of probabilities that the two accidents caused or materially contributed to her chronic pain syndrome. The defendants’ negligence need not be the sole cause of the injury but it must be part of the cause and beyond the de minimis range. Causation is not to be determined by a scientific precision: see Athey v. Leonati, 1996 CanLII 183 (SCC), [1996] 3 S.C.R. 458 at paras. 13 to 17:
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