What is the test for establishing that negligence was not the sole cause of injury?

British Columbia, Canada


The following excerpt is from MacLean v. Budget-Rent-A-Car of Edmonton Ltd. et al, 2006 BCSC 1344 (CanLII):

In Athey v. Leonati, 1996 CanLII 183 (SCC), [1996] 3 S.C.R. 458, Major J. set out the general principles of causation at paras. 17-19: It is not now necessary, nor has it ever been, for the plaintiff to establish that the defendant's negligence was the sole cause of the injury. There will frequently be a myriad of other background events which were necessary preconditions to the injury occurring. ... As long as a defendant is part of the cause of an injury, the defendant is liable, even though his act alone was not enough to create the injury. There is no basis for a reduction of liability because of the existence of other preconditions: defendants remain liable for all injuries caused or contributed to by their negligence. … The law does not excuse a defendant from liability merely because other causal factors for which he is not responsible also helped produce the harm ....

Other Questions


What is the test for establishing a cause of cause of injury in a motor vehicle accident? (British Columbia, Canada)
What is the test for establishing cause of cause of injury in a motor vehicle accident? (British Columbia, Canada)
Does a plaintiff have to establish that negligence was not the sole cause of injury? (British Columbia, Canada)
What is the test for establishing that a defendant is liable for an injury caused by negligence? (British Columbia, Canada)
Is it sufficient to establish that an accepted injury was the most significant cause or accepted injury? (British Columbia, Canada)
Does a plaintiff have to establish that negligence was the sole cause of injury? (British Columbia, Canada)
What is the test for establishing that a defendant’s negligence caused an injury? (British Columbia, Canada)
What is the test for determining whether a defendant’s negligence was a contributory factor in the cause of an injury? (British Columbia, Canada)
What is the burden on a plaintiff to prove that their injuries were caused by negligence? (British Columbia, Canada)
Does a plaintiff have to prove that negligence was the sole cause of injury? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.