What is the test for proving a defendant's liability for injuries sustained by a plaintiff in a motor vehicle accident?
British Columbia, Canada
The following excerpt is from McConvey v. Hart, 2013 BCSC 1058 (CanLII):
Once the plaintiff has proved 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 [Gilbert].
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