What is the test for determining whether a plaintiff was injured as a result of negligence?

British Columbia, Canada


The following excerpt is from Mladjo v Etheridge, 2019 BCSC 950 (CanLII):

The primary test for causation is the “but-for” test: but for the defendant’s negligence, would the plaintiff have suffered the injury? The principles governing causation as it pertains to pre-existing conditions were recently summarized by Adair J. in Rabiei v. Oster, 2019 BCSC 733 [Rabiei]:

Other Questions


What is the test for determining whether a plaintiff was injured as a result of a motor vehicle accident? (British Columbia, Canada)
What is the test for determining whether a plaintiff would not have suffered injuries as a result of negligence? (British Columbia, Canada)
What is the test for determining whether a plaintiff must prove a substantial probability of a future that will result in loss of income? (British Columbia, Canada)
What is the test for determining whether a plaintiff’s future will be better if they are injured in a motor vehicle accident? (British Columbia, Canada)
What is the test for determining whether there is a loss of income for a plaintiff as a result of a motor vehicle accident? (British Columbia, Canada)
What is the test for determining whether a plaintiff’s pain and discomfort is a result of the accident in September 2009? (British Columbia, Canada)
What is the test for determining whether a defendant's negligence contributed to a plaintiff's injuries? (British Columbia, Canada)
What is the test for determining whether a plaintiff can claim damages for loss of income as a result of a motor vehicle accident? (British Columbia, Canada)
What is the test for determining whether a hypothetical or speculative opportunity can be used to determine damages for future loss of earnings as a result of a motor vehicle accident? (British Columbia, Canada)
What is the burden on a plaintiff to prove that they were injured as a result of negligence? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.