What is the test for a plaintiff to prove that they are liable for the loss of a person by negligence?
British Columbia, Canada
The following excerpt is from Scheffer v. Everett, 2014 BCSC 118 (CanLII):
The plaintiff also submits that there is a high onus on the applicant that requires extraordinary, exceptional or compelling reasons to sever the issue of liability from quantum. See Hynes v. Westfair Foods Ltd., 2008 BCSC 637, where Bruce J. stated the test in this way:
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