Does a plaintiff have to prove that he was not involved in the collision?
British Columbia, Canada
The following excerpt is from Johl v. Moyes, 2018 BCCRT 833 (CanLII):
11. The parties agree that the applicant’s vehicle was the rear vehicle. Consequently, the respondent says that section 162(1) of the Motor Vehicle Act requires the applicant to show that he did not cause the accident. I agree. Further, case law confirms this requirement (See Gibson v. Matthies, 2017 BCSC 839).
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