What is the test for establishing that a plaintiff is a result of a Previous Accident?
British Columbia, Canada
The following excerpt is from Cumpf v. Barbuta, 2014 BCSC 1898 (CanLII):
I must also determine the extent to which the Previous Accident affected those injuries. The onus on the plaintiff to establish her claim requires proof, on the balance of probabilities, that it is more likely than not that her injuries were caused or contributed to by the Accident. Causation need not be proved with scientific precision and may, in certain circumstances, be inferred from the evidence using ordinary common sense: Athey v. Leonati, 1996 CanLII 183 (SCC), [1996] 3 S.C.R. 458 at paras. 16 - 17 (S.C.C.).
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