What is the test for a claim against a defendant in a motor vehicle accident?

At the first stage, the court considers whether the relationship between the plaintiff and defendant gives rise to a prima facie duty of care. In making this determination, the court must consider two questions: first, whether the harm suffered by the plaintiff was a reasonably foreseeable consequence of the defendant’s alleged negligence; and second, whether there is a relationship of sufficient proximity between the parties. In recent years, there has been an increasing emphasis on the proximity analysis at the expense of the analysis of foreseeability at this stage of the test: Wu v. Vancouver (City), 2019 BCCA 23 at para. 50.