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.

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