In what circumstances will a plaintiff have to prove that he or she was injured in a motor vehicle accident?
Alberta, Canada
The following excerpt is from Labonte v. Sowers, 1994 CanLII 9062 (AB QB):
Laskin C.J.C. at p. 164, quoting from Buczynski v. McDonald (1971), 1 S.A.S.R. 569: "… Not only must the defendant discharge the onus of showing that the plaintiff could have mitigated his loss if he had reacted reasonably, but he must also show how and to what extent that loss could have been minimized …"
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
In a motor vehicle accident case, in what circumstances will a plaintiff not be liable for failing to warn the driver of the vehicle that there is no evidence that such warnings would have prevented the accident? (Alberta, Canada)
What are the arguments raised by the trial judge in a motor vehicle accident case for damages for years lost by a plaintiff who is not injured but injured? (Alberta, Canada)
In a motor vehicle accident case where the victim is not dead but still exists, is there any case law that supports the presumption that the accident victim’s death is not an accident? (Alberta, Canada)
What is the test for assessing pre-trial loss of income for a plaintiff who is injured in a motor vehicle accident? (Alberta, Canada)
Does the burden of proof against the Registrar of Motor Vehicles apply to motor vehicle accident claims? (Alberta, Canada)
In what circumstances will a tow truck be deemed to have contributed to a motor vehicle accident? (Alberta, Canada)
In what circumstances will a third party claim in a motor vehicle accident? (Alberta, Canada)
In what circumstances will a second counsel fee be awarded in a motor vehicle accident case? (Alberta, Canada)
In what circumstances will an insurer be able to proceed with a statement of claim for a motor vehicle accident due to the length of the claimant's claim? (Alberta, Canada)
What is the discovery period for a motorcyclist injured in a motor vehicle accident? (Alberta, Canada)
