What is the test for establishing a causation test in a motor vehicle accident case?
Manitoba, Canada
The following excerpt is from Hechter v. London Life, 2020 MBQB 27 (CanLII):
In order to sustain a successful action, the plaintiff must show on a balance of probabilities that “but for” the defendant’s negligent act, the injury or loss complained of would not have occurred. In other words, the plaintiff must show that the defendant’s negligence was necessary to bring about the injury. This “but for” causation test must be applied in a robust common sense fashion. See Giesbrecht, citing McLachlin C.J.C. in Clements v. Clements, 2012 SCC 32, [2012] 2. S.C.R. 181 at para. 73.
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