What is the test for determining whether a defendant's negligence was a contributory factor in a motor vehicle accident?
British Columbia, Canada
The following excerpt is from Johal v Fazli, 2021 BCSC 1896 (CanLII):
There must be a substantial connection between the injury and the defendant’s conduct, however the defendant’s negligence need not be the sole cause of the injury, provided the plaintiff proves the accident was a cause of the injuries beyond the de minimus range: Athey, at paras. 17-20; Farrant v. Laktin, 2011 BCCA 336 at para. 9.
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