What is the test for establishing that a party to a motor vehicle accident was negligent?
British Columbia, Canada
The following excerpt is from Michel v. Doe, 2009 BCCA 225 (CanLII):
In my view, this case is analogous to the application of Fontaine in Hall v. Cooper Industries, Inc., 2005 BCCA 290 at para. 59, 40 B.C.L.R. (4th) 257: “[the appellant] did not establish a prima facie case of negligence which caused the accident. Therefore the case never reached the point where [the respondent] was required to produce ‘evidence to the contrary.’”
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