What is the test for establishing that depression and business losses were caused or contributed to by a motor vehicle accident?
British Columbia, Canada
The following excerpt is from Forge v. Attorney General of Canada et al., 2000 BCSC 1574 (CanLII):
The result is that the plaintiff fell far short of establishing that his depression and business losses were caused or contributed to by the accident. He did not satisfy the onus upon him of proving, on a balance of probabilities, that the accident was a "trigger, pivotal point or a precipitating event" in his condition or losses. Consequently, the legal principles articulated in Athey v. Leonati, 1996 CanLII 183 (SCC), [1996] 3 S.C.R. 458 are not applicable.
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