What is the test for determining whether a defendant contributed to a plaintiff’s injury?

British Columbia, Canada


The following excerpt is from Raedwulf v Kelly, 2020 BCSC 915 (CanLII):

The defendant’s contribution must be material in that there is a substantial connection between the accident and the injury beyond a de minimus range: Farrant v. Laktin, 2011 BCCA 336 at paras. 9-11. If the injury is divisible, a plaintiff can recover from the defendant only the damages attributable to the injury caused or contributed to by that defendant. If the injury is indivisible, a plaintiff can recover from the defendant 100% of the damages attributable to the injury caused or contributed to by that defendant, regardless of the contribution to the injury by others: Athey, at para. 24.

Other Questions


What is the test for determining whether a defendant's negligence contributed to a plaintiff's injuries? (British Columbia, Canada)
What is the test for determining whether a defendant is liable for injuries sustained by a plaintiff in a motor vehicle accident? (British Columbia, Canada)
What is the test for determining whether a defendant is liable for causing a plaintiff’s injury? (British Columbia, Canada)
What is the test for determining whether a defendant's negligence contributed to an injury? (British Columbia, Canada)
What is the test for determining whether a defendant is liable for additional damage to a plaintiff's asymptomatic, but not debilitating, pre-existing injury? (British Columbia, Canada)
What is the test for determining whether a defendant is liable for a plaintiff’s injuries? (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)
What is the test for determining whether a defendant's negligence caused injuries to a plaintiff? (British Columbia, Canada)
What is the test for determining whether a defendant is liable to a plaintiff for an injury? (British Columbia, Canada)
What is the test for determining whether a defendant is liable for a plaintiff's injuries? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.