In what circumstances will a plaintiff be found liable for injuries sustained in a motor vehicle accident?
British Columbia, Canada
The following excerpt is from McCluskie v. Reynolds, 1998 CanLII 5384 (BC SC):
In Brar v. Mutti, supra, Davies J. quotes Iacobucci J. in Cognos to the effect that a determination of negligence will depend upon the standard of care to which the maker of the statement is held. This standard is that used in every negligence case, namely, that of the hypothetical "reasonable person."
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