What is the test for apportioning fault between a plaintiff and a defendant driver?
British Columbia, Canada
The following excerpt is from Tenhunen v. Tenhunen, 2015 BCSC 955 (CanLII):
That was the issue in Moses v. Kim, 2007 BCSC 1820, where the trial judge apportioned fault for an accident at 65% to the plaintiff pedestrian, 35% to the defendant driver, and then exercised her discretion to award the plaintiff 90% of his costs, listing eleven factors relevant to the exercise of discretion.
"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
Can a plaintiff be both a defendant and a plaintiff in the same proceeding? (British Columbia, Canada)
Can a plaintiff argue that a Defendant's offer of no-fault benefits is invalid? (British Columbia, Canada)
How are costs apportioned between defendants and plaintiff in a motor vehicle accident case? (British Columbia, Canada)
How has the Court apportioned costs between a plaintiff and defendant? (British Columbia, Canada)
Can a plaintiff in a personal injury action commence an action against a defendant in the same action against the same defendant? (British Columbia, Canada)
Can a plaintiff add to the list of defendants on an appeal from the Master's decision not to name the proposed defendant? (British Columbia, Canada)
Can a plaintiff claim a no fault no-fault benefit under s. 7.21(a) of the BC's Workmen's Compensation Act? (British Columbia, Canada)
What is the standard of review applied by the Court of Appeal in determining the apportionment of fault between a plaintiff and plaintiff? (British Columbia, Canada)
What is the test for apportioning costs between a plaintiff and defendant in a personal injury case? (British Columbia, Canada)
What is the applicable law for a driver who is not a dominant driver but a servient driver? (British Columbia, Canada)
