What is the test for provocation in civil law?
British Columbia, Canada
The following excerpt is from MacKay v. Jhulley, 2015 BCSC 1114 (CanLII):
The elements of provocation in civil law are the same as in criminal law. To establish provocation, it must be shown that the defendant or accused acted “on the sudden” while experiencing a momentary loss of self-control in response to the plaintiff’s conduct: R. v. Pappas, 2013 SCC 56 at paras. 34-36; McCaffery v. Arguello, supra, at paras. 26-29.
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