What is the test for determining whether a plaintiff is liable for post-accident health issues as a result of a motor vehicle accident?

British Columbia, Canada


The following excerpt is from M.R.K. v T.L, 2021 BCSC 1588 (CanLII):

The question to determine with regard to causation is summarized in Athey v. Leonati, 1996 CanLII 183 (SCC), [1996] 3 S.C.R. 458 (as modified to fit the facts of this case (at para. 41)): if it was necessary to have both the accident and the pre-existing health issues for the post-accident health issues to occur, then causation is proven, since the post-accident health issues would not have occurred but for the accident. Even if the accident played a minor role, the defendants are fully liable because the accident was a necessary contributing cause.

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