What is the test for reducing the liability of a defendant in a motor vehicle accident?
Ontario, Canada
The following excerpt is from Stanford v. Roy, 2005 CanLII 6402 (ON SC):
The plaintiff invokes the principle in Athey v. Leonati 1996 CanLII 183 (SCC), [1996] 3 S.C.R. 458 at paragraph 18 that: As long as a defendant is part of the cause of an injury, the defendant is liable, even though his act alone was not enough to create the injury. There is no basis for a reduction of liability because of the existence of other preconditions: defendants remain liable for all injuries caused or contributed to by their negligence.
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