What is the burden of proving liability and quantum in a motor vehicle accident?

British Columbia, Canada


The following excerpt is from Tabah v Bress, 2018 BCSC 185 (CanLII):

The onus of proving liability and quantum in the proceeding rests upon the shoulders of plaintiff’s counsel. Further, to properly advise the plaintiff with respect to the range of possible outcomes for the case and to consider the reasonableness of settlement offers, plaintiff’s counsel is required to determine the extent of the plaintiff’s injuries and to understand the cause of them. See Turner v. Whittaker, supra, at para. 51.

Other Questions


What is the burden of proving that a motor vehicle accident caused or aggravated spondylosis? (British Columbia, Canada)
What is the difference between a motor vehicle accident and a subsequent motor vehicle collision? (British Columbia, Canada)
What is the test for proving a defendant's liability for injuries sustained in a motor vehicle accident? (British Columbia, Canada)
What is the burden of proving contributory negligence in a motor vehicle accident? (British Columbia, Canada)
What is the burden of proving negligence against the driver in a motor vehicle accident? (British Columbia, Canada)
What is the test for proving a plaintiff’s liability in a motor vehicle accident? (British Columbia, Canada)
How have the courts sever the issues of liability and quantum in a motor vehicle accident case? (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 law on liability for an injured person who is injured in an accident while trying to rescue someone from a motor vehicle accident? (British Columbia, Canada)
In a motor vehicle accident involving a stolen vehicle, can the driver of the stolen vehicle be held liable for damages? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.