What is the test for intervening events in a personal injury action?
British Columbia, Canada
The following excerpt is from Harvey v Robin, 2021 BCSC 640 (CanLII):
The principle of intervening events arises from the concept that defendants should not be liable for harm to the plaintiff that comes from objectively unforeseeable events. The question is whether the chain of causation has been broken. Whether a subsequent act is of significant magnitude to break the chain of causation is a question of fact: Hussack v. Chilliwack School District No. 33, 2011 BCCA 258 at paras. 76–77, 87–88. The reasonableness of a plaintiff’s actions can be considered in determining whether the chain of causation has been broken: Hussack at para. 82; Safdari v. Buckland, 2020 BCSC 769 at paras. 136–137.
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