How has causation been established in a motor vehicle accident appeal?
Alberta, Canada
The following excerpt is from Carrier v. Wan, 2008 ABCA 318 (CanLII):
The appellant concedes that there is no question of law in this appeal, and the standard of review is that of palpable and overriding error. The trial judge expressly mentioned Athey v. Leonati, 1996 CanLII 183 (SCC), [1996] 3 S.C.R. 458, 140 D.L.R. (4th) 235 and cases that followed it. She analyzed the case before her on the basis that causation was established if the collision materially contributed to the appellant’s hip injury. If anything, the legal analysis of the trial judge favoured the appellant.
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