Is a motor vehicle accident a material contributing factor to emotional disorder?
British Columbia, Canada
The following excerpt is from Kirk v. Frocklage, 2003 BCSC 922 (CanLII):
The main issue for determination is whether the motor vehicle accident was a materially contributing factor to the plaintiff's emotional disorder; see: Athey v. Leonati, 1996 CanLII 183 (SCC), [1996] 3 S.C.R. 458. To answer that question, it is first necessary to determine when the emotional disorder became apparent.
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