What is the burden of proving that depression occurred in the years after the Accident?
Ontario, Canada
The following excerpt is from Girao v Cunningham, 2017 ONSC 2452 (CanLII):
I conclude that the plaintiff has failed to discharge her burden of proving that the depression that she experienced in the years following the Accident was caused by the Accident and not by a predisposition to psychological injuries based upon a pre-existing condition or other causes: Athey v. Leonati, 1996 CanLII 183 (SCC), [1996] 3 S.C.R. 458 at para. 35. Whether the plaintiff has satisfied her burden of proving that her injuries constitute permanent serious impairment of an important physical, mental or psychological function.
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