What is the test for finding negligence in a personal injury case?
Saskatchewan, Canada
The following excerpt is from Anhorn v. Neithercut, 1975 CanLII 822 (SK QB):
I have found negligence on the part of each of the parties. The problem of determining the degree of responsibility to attach to each of them is considerably more difficult. Here, if nowhere else in the judicial function, a different mind may readily reach a different result in all sincerity and competence. See, for example, Regina v. Cote; Millette v. Kalogeropoulos (1974), 1974 CanLII 31 (SCC), 51 D.L.R. (3d) 244 (Can.).
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