What is the test for determining whether a plaintiff’s claim for damages in a motor vehicle accident is recoverable on appeal?

British Columbia, Canada


The following excerpt is from Neumann v. Canada (Attorney General), 2011 BCCA 313 (CanLII):

Relying on Mustapha v. Culligan of Canada Ltd., 2008 SCC 27, [2008] 2 S.C.R. 114, the appellants submit that the plaintiff’s damages were too remote to permit recovery. Again, because this appeal can be resolved on other grounds, there is no need to examine that question on this appeal.

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