What is the limitation of liability of a defendant in a motor vehicle accident case?
Alberta, Canada
The following excerpt is from Walsh v Mobil Oil Canada (Exxmobil Canada Ltd.), 2012 ABQB 527 (CanLII):
The Court in Resurfice also indicated at para. 23 that, where the losses sustained may not be connected to the acts of the defendant, no liability for the loss will be found: The “but for” rest 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]
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