What is the test for establishing that a defendant caused or contributed to a plaintiff's injuries?
Ontario, Canada
The following excerpt is from Yovanovich v. Corporation of the City of Windsor, 2007 CanLII 19799 (ON SC):
The plaintiff’s injuries, as outlined below, would not have occurred but for the negligence of the defendant. Thus, I conclude that the plaintiff has established on a balance of probabilities that the defendant caused or contributed to the plaintiff’s injuries, Athey v. Leonati, 1996 CanLII 183 (SCC), [1996] 3 S.C.R. 458 at para. 13.
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