What is the test for determining whether a plaintiff’s pain and discomfort is a result of the accident in September 2009?

British Columbia, Canada


The following excerpt is from Stull v. Cunningham, 2013 BCSC 1140 (CanLII):

The leading case for causation remains Athey v. Leonati, 1996 CanLII 183 (SCC), [1996] 3 S.C.R. 458. The plaintiff must prove that the defendant’s negligence caused or contributed to her injuries (Athey, para. 16). The test for causation is whether the plaintiff’s injuries would not have occurred “but for” the defendant’s negligence (Athey, para. 14). Given the totality of the circumstances, I am satisfied that the plaintiff has established that the ongoing pain and discomfort he presently suffers is as a result of the accident in September 2009. I make this finding in light of all of the medical evidence canvassed above and on the basis of the plaintiff’s testimony, which I find to be credible, that for several years prior to the accident he was symptom-free, and that his pain and discomfort arose directly after the accident.

Other Questions


What is the test for determining whether a plaintiff is liable for post-accident health issues as a result of a motor vehicle accident? (British Columbia, Canada)
What is the test for determining whether a plaintiff was injured as a result of a motor vehicle accident? (British Columbia, Canada)
What is the test for determining whether a plaintiff can claim damages for loss of income as a result of a motor vehicle accident? (British Columbia, Canada)
What is the test for determining whether a hypothetical or speculative opportunity can be used to determine damages for future loss of earnings as a result of a motor vehicle accident? (British Columbia, Canada)
What is the test for determining whether a plaintiff has lost a career as a result of a motor vehicle accident? (British Columbia, Canada)
What is the test for determining whether a motor vehicle accident is an accident or an accident? (British Columbia, Canada)
What is the test for determining whether there is a loss of income for a plaintiff as a result of a motor vehicle accident? (British Columbia, Canada)
What is the test for determining whether a plaintiff must prove a substantial probability of a future that will result in loss of income? (British Columbia, Canada)
What is the test for determining whether a plaintiff’s future will be better if they are injured in a motor vehicle accident? (British Columbia, Canada)
What is the test for determining whether a defendant is responsible for an injury suffered by a plaintiff as a result of their actions? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.