What is the test of causation for a plaintiff in a personal injury action?
British Columbia, Canada
The following excerpt is from Scoffield v. Jentsch, 2012 BCSC 1130 (CanLII):
I am mindful that the plaintiff is not required to prove that the injury caused by the defendant’s negligence is the sole cause of her ongoing pain or disability. If it is shown that her injury in the accident and her pre-existing condition are both contributing causes of her ongoing pain, the plaintiff can succeed on this issue. In applying the “but for” test of causation, a trial judge must consider whether the plaintiff has established a substantial connection between the injury caused by the defendant and the plaintiff’s ongoing pain and disability, beyond the de minimus level. See Farrant v. Laktin 2011 BCCA 336 at paras 8 - 11.
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