What is the leading case on causation in non-earner benefit cases?
Ontario, Canada
The following excerpt is from Yok Lee v Waterloo Insurance, 2021 CanLII 90552 (ON LAT):
The leading case on causation is set out in the Divisional Court’s decision in Sabadash v. State Farm (“Sabadash”).[2] This decision establishes that the test for determining causation in accident benefits cases is the “but for” test. The applicant must prove that “but for” the accident, she would not suffer the impairments which cause the complaints she puts forward as the basis for her claim. Sabadash supports that an accident need not be the sole cause but rather a “necessary cause” of an individual’s impairment. NON-EARNER BENEFIT ANALYSIS
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