What is the analytical approach governing contingency deductions under the BCAA?
British Columbia, Canada
The following excerpt is from Huang v Young, 2021 BCSC 2276 (CanLII):
The Court of Appeal recently considered the analytical approach governing contingency deductions in Dornan v. Silva, 2021 BCCA 228 at paras. 94-95, 133-136. It distinguished three separate inquiries: a) the causation analysis, which is determined on a balance of probabilities, b) the risk analysis (that is, the possibility that the injury would have occurred absent negligence), which is determined on a real and substantial possibility standard, and c) the quantification of risk based on the evidence of the relative likelihood that the risk will materialize, which is determined on a real and substantial possibility standard.
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