What is the test for a motor vehicle accident claim?
British Columbia, Canada
The following excerpt is from Smith v. Both, 2013 BCSC 1995 (CanLII):
The plaintiff must establish on a balance of probabilities that but for the negligent actions of the defendant she would not have suffered the injuries that she did. The negligent conduct must be substantially connected to the injuries. This test was recently articulated in Clements v. Clements, 2012 SCC 32 at paras. 8-10, 46:
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