What is the test for establishing a cause of negligence in a motor vehicle accident?
British Columbia, Canada
The following excerpt is from Ek v. Littler, 2011 BCSC 1756 (CanLII):
Causation in negligence is determined by the “but for” test. The test requires the plaintiff to prove, on a balance of probabilities, that “the injury would not have occurred but for the negligence of the defendant”: Athey v. Leonati, 1996 CanLII 183 (SCC), [1996] 3 S.C.R. 458 at para. 15.
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