What is the test for apportioning liability between tortious and non-tortious causes?
British Columbia, Canada
The following excerpt is from Carver v Or, 2017 BCSC 1496 (CanLII):
It is not permissible to apportion liability between tortious and non-tortious causes, as the plaintiff would not be adequately compensated. However, where there are multiple causes of a plaintiff’s injuries, the key factual question is whether the injuries are divisible or indivisible. Divisible injuries are those that can be separated so that their damages can be assessed independently. Indivisible injuries are those that cannot be separated: Bradley v. Groves, 2010 BCCA 361 at para. 20.
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