How have instructions been interpreted in a motor vehicle accident case?
British Columbia, Canada
The following excerpt is from Desharnais v. Parkhurst and Romanowski, 2013 BCCA 113 (CanLII):
First, the plaintiff submits that the trial judge’s instructions failed to provide a proper instruction on causation. Specifically, the plaintiff argues that the instructions did not conform to the “but for” test as set out in Athey v. Leonati, 1996 CanLII 183 (SCC), [1996] 3 S.C.R. 458, [1997] 140 D.L.R. (4th) 235. Athey also stated that a plaintiff need not establish that the defendant’s negligence was the sole cause of the injury. The plaintiff argues that the instructions incorrectly conflated the question of causation with the assessment of damages.
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