What is the test for determining whether there is cause of death in a motor vehicle accident?

Ontario, Canada


The following excerpt is from Tahir v. Mitoff, 2019 ONSC 7298 (CanLII):

In Todd v. Pegado, 2014 ONSC 2783, the comments of the court, at para. 60, are applicable to the instant case: The courts have also recognized that the test for causation is not to be applied too rigidly, nor does causation need to be established with scientific precision. It is essentially a practical question of fact which can best be answered by ordinary common sense. As well, application of these principles will involve a “robust and pragmatic approach” to assessing the evidence. However, that approach is not a substitute for evidence of causation. It does not alter the amount of proof required.

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