What is the defence of explanation in a motor vehicle accident case?
British Columbia, Canada
The following excerpt is from Gaebel v. Lipka, 2017 BCCA 432 (CanLII):
Once a prima facie case of negligence is proven, the onus shifts to the defendant to rebut the inference through the defence of explanation. A defence of explanation is an explanation of how the accident may have happened without the defendant’s negligence: Singleton v. Morris, 2010 BCCA 48 at para. 38.
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