What is the test for a plaintiff to succeed in her claim that she was injured in a motor vehicle accident?
Saskatchewan, Canada
The following excerpt is from Conyea v. Canadian Northern Railway Co., 1913 CanLII 288 (SK CA):
The defendants' second contention presents more difficulty. To be entitled to succeed, the plaintiff must show that the accident arose out of and in the course of the employment. In Pierce v. Provident Clothing & Supply Co. (1911) 1 K.B. 997, at p. 1003, 80 L.J.K.B. 831, Buckley L.J., says: "The words 'out of' necessarily involve the idea that the accident arises out of a risk incidental to the employment. An accident arises out of the employment where it results from a risk incidental to the employment and distinct from a risk common to all mankind, although the risk incidental to the employment may include a risk to mankind."
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