What is the test for establishing causation between a party alleging negligence and a plaintiff alleging negligence?
British Columbia, Canada
The following excerpt is from Grech v Stanley, 2021 BCSC 2169 (CanLII):
With respect to causation, the party alleging negligence bears the onus of establishing that “but for” an alleged breach of the standard of care, damages would not have occurred: Clements v. Clements, 2012 SCC 32 at paras. 8-9. The plaintiff must show that the breach was part of the cause, but need not show it was the sole cause: Athey v. Leonati, 1996 CanLII 183 (SCC), [1996] 3 S.C.R. 458 [Athey] at para. 17.
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