What is the case law on weight of causation and weight of fault?
British Columbia, Canada
The following excerpt is from Hixon v. Roberts, 2004 BCCA 335 (CanLII):
The difficulty I have with that pleading point arises from the dichotomy between weight of causation and weight of fault in cases in which the negligence of a child is in issue; that dichotomy emerges from such authorities as Ottosen v. Kasper (1986), 37 C.C.L.T. 270, [1986] B.C.J. No. 139 (Q.L.) (B.C.C.A.).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for determining the weight of causation in the context of apportionment? (British Columbia, Canada)
Does the court have to consider prior no fault examinations before making a decision on a no fault examination? (British Columbia, Canada)
What weight of snow would be more weight than powdery snow? (British Columbia, Canada)
What is relative fault under the concept of relative fault? (British Columbia, Canada)
Can a plaintiff claim a no fault no-fault benefit under s. 7.21(a) of the BC's Workmen's Compensation Act? (British Columbia, Canada)
How much evidence will be required by a plaintiff to prove their case on the issue of causation? (British Columbia, Canada)
How has causation been determined in a medical malpractice case? (British Columbia, Canada)
Can a medical professional be held liable for errors of clinical judgment that distinguishable from professional fault? (British Columbia, Canada)
What is the impact of exercise and weight loss on a plaintiff's recovery? (British Columbia, Canada)
What is the test for proving causation in a personal injury action? (British Columbia, Canada)
