What must a plaintiff have to prove on a balance of probabilities that their injuries would not have occurred “but for” the accident?
British Columbia, Canada
The following excerpt is from Dalziel v Puchalski, 2019 BCSC 1712 (CanLII):
The plaintiff must prove on a balance of probabilities that the 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 is established here, a finding which was not disputed by the defendants. The question is the proper quantum level.
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