What is the test for denying liability on the basis of mental illness?

British Columbia, Canada


The following excerpt is from S.H. v. A.M., 2015 BCSC 2400 (CanLII):

The plaintiff maintains if the defendant wants to deny liability on the basis of mental illness, the defence must prove that, as a result of mental illness, either he had no capacity to understand or appreciate the duty of care at the relevant time or he had no meaningful control over his actions at the time the relevant conduct fell below the objective standard of care: Fiala v. Cechmanek, 2001 ABCA 169.

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