What is the "but for" test in motor vehicle accident law?
British Columbia, Canada
The following excerpt is from B.(P.) v. V.E.(R.), 2007 BCSC 1568 (CanLII):
The "but for" test recognizes that compensation for negligent conduct should only be made "where a substantial connection between the injury and the defendant's conduct" is present. It ensures that a defendant will not be held liable for the plaintiff's injuries where they "may very well be due to factors unconnected to the defendant and not the fault of anyone": Snell v. Farrell, at p. 327, per Sopinka J. [emphasis added]
In Hutchings v. Dow, 2007 BCCA 148, 66 B.C.L.R. (4th) 78, the trial judge found that the depression suffered by the plaintiff was an indivisible injury that was contributed to in a material way by the accident that was the subject of the litigation and a subsequent assault. Prowse J.A. said at ¶20:
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