What is the test for gross negligence in a motor vehicle accident?
British Columbia, Canada
The following excerpt is from Aitken v. Bethell, 2012 BCSC 260 (CanLII):
One of the accepted tests for gross negligence is whether the conduct in question amounts to “a very marked departure from the standards by which responsible and competent people in charge of motor cars habitually govern themselves.” See Ward v. Vancouver (City), 2007 BCSC 3 at paragraph 101.
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