What is the test for determining whether a plaintiff was injured as a result of a motor vehicle accident?
British Columbia, Canada
The following excerpt is from Daleh v Schroeder, 2019 BCSC 1179 (CanLII):
The plaintiff must prove on a balance of probabilities that her injuries would not have occurred “but for” the accident: Athey v. Leonati, 1996 CanLII 183 (SCC), [1996] 3 S.C.R. 458 at para. 24. The accident does not need to be the only cause of the plaintiff’s injuries but it must be a causal factor beyond the “de minimis” range: Athey at para. 15. I find that causation of damage is established. Notwithstanding my concerns about credibility and reliability, there was sufficient expert and third party corroboration to support a claim that the plaintiff was injured in the accidents. The only question is the proper quantum level.
The defendants accepted that the damages were indivisible, and that they did not seek any effort to apportion any head of damage as between the two accidents. I agree that the damage here was indivisible: Bradley v. Groves, 2010 BCCA 361 at para. 20.
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