What is the test for a plaintiff in a motor vehicle accident case?
British Columbia, Canada
The following excerpt is from Sabbagh v. Li, 2015 BCSC 788 (CanLII):
The plaintiff bears the onus of proving on a balance of probabilities that the defendants’ negligence caused or materially contributed to his injuries. The defendants’ negligence need not be the sole cause of the injury so long as it is part of the cause beyond the range of de minimus: see Athey v. Leonati, 1996 CanLII 183 (SCC), [1996] 3 S.C.R. 458 [Athey].
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