What is the test for proving a plaintiff’s negligence?
Ontario, Canada
The following excerpt is from 17-002632 v Gore Mutual Insurance Company, 2017 CanLII 93458 (ON LAT):
The respondent also relied on Clements v. Clements[2], which noted that: The plaintiff must show on a balance of probabilities that “but for” the defendant’s negligent act, the injury would not have occurred. Inherent in the phrase “but for” is the requirement that the defendant’s negligence was necessary to bring about the injury – in other words that the injury would not have occurred without the defendant’s negligence. This is a factual inquiry.
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