What is the test for determining whether there is a cause of action in a motor vehicle accident?
Ontario, Canada
The following excerpt is from Worthey v City of Hamilton, 2015 ONSC 3690 (CanLII):
On the causation issue, while the onus is on the plaintiff, the test is not to be applied “too rigidly” and need not be proven with scientific precision. Essentially it is a practical question to be answered by common sense: Cartner v. Burlington (City), 2008 CarswellOnt. 8238 at paras. 18-22.
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