What is the test for a plaintiff to succeed in an action for negligence?
Ontario, Canada
The following excerpt is from Baghbanbashi et al. v. Hassle Free Clinic et al., 2014 ONSC 5934 (CanLII):
For a plaintiff to succeed in an action for negligence, she must prove both that the defendant’s conduct was negligent and that the negligent conduct caused her loss or damage. The plaintiff bears the burden to prove both negligence and causation although the burden on causation can shift (or more properly, an evidentiary burden may be imposed on the defendant) once the plaintiff has proved a prima facie case of causation to a sufficient degree (see: Snell v. Farrell, 1990 CanLII 70 (SCC), [1990] 2 S.C.R. 311).
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