What is the test for proving a defendant's liability for injuries sustained in a motor vehicle accident?

British Columbia, Canada


The following excerpt is from Gill v Apeldoorn, 2019 BCSC 798 (CanLII):

Once the plaintiff has proven the defendant's liability for his or her injuries, the defendant must prove that the plaintiff acted unreasonably and that reasonable conduct would have reduced or eliminated the loss. Whether the plaintiff acted reasonably is a factual question and it involves a consideration of all of the circumstances: Gilbert v. Bottle, 2011 BCSC 1389 at para. 202.

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