What is the test for determining whether one cause is culpable and the other causes is non-culpable?

New Brunswick, Canada


The following excerpt is from Dashwood v. Pillars Club & Lounge, 2002 NBQB 92 (CanLII):

Counsel for the plaintiff asserts that where one cause is culpable and the other is non-culpable, as in the case at bar, the analysis should be carried out in conformity with the principles set out in Athey v. Leonati, supra.

Other Questions


What is the test for determining whether there was a single dominant cause of injury? (New Brunswick, Canada)
What is the test for determining whether a motor vehicle accident was caused by negligence? (New Brunswick, Canada)
What is the test for determining whether a spouse is entitled to Prospective Spousal Support? (New Brunswick, Canada)
What is the test for unreasonable delays in the process of determining whether a motion has been heard in the Superior Court of Justice? (New Brunswick, Canada)
What is the test for the court to determine whether or not the court is being asked to step into the role of a parent? (New Brunswick, Canada)
What is the test for determining whether a plaintiff would have suffered a secondary injury if they had not suffered the primary injury? (New Brunswick, Canada)
What are the factors used to determine whether a claim for reimbursement of child support is successful? (New Brunswick, Canada)
What is the test for determining whether an amended pleading contains allegations which fall within the insuring agreement? (New Brunswick, Canada)
What factors must be considered in a medical malpractice case when determining whether a patient is entitled to a full pension as a result of the disclosure provided by the surgeon? (New Brunswick, Canada)
What is the test for determining whether an employee is entitled to be paid? (New Brunswick, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.