What is the test for determining causation in a motor vehicle accident case?
Ontario, Canada
The following excerpt is from Timpano v. Alexander, 2008 CanLII 8270 (ON SC):
Justice Major in Athey v. Leonati states at para.14 “The general, but not conclusive test for causation is the “but for” test which requires the plaintiff to show that the injury would not have occurred but for the negligence of the defendant”.
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