What is the test for determining the weight of causation in the context of apportionment?
British Columbia, Canada
The following excerpt is from Pfeiffer v. Russell, 1999 CanLII 1766 (BC SC):
In Ottosen v. Kasper (1986), 37 C.C.L.T. 270 (B.C.C.A.) the same point was made in these words: The words used are the words of fault. The question that affects apportionment, therefore, is the weight of fault that should be attributed to each of the parties, not the weight of causation.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the case law on weight of causation and weight of fault? (British Columbia, Canada)
What is the test for determining causation in a medical malpractice action? (British Columbia, Canada)
How has causation been determined in a medical malpractice case? (British Columbia, Canada)
What is the test for determining causation in a sexual assault case? (British Columbia, Canada)
What are the issues to be determined on an application for summary determination under Rule 18A? (British Columbia, Canada)
How has the value of a parcel of land been determined in real estate law in the context of real estate transactions? (British Columbia, Canada)
What is the test for determining whether a hypothetical or speculative opportunity can be used to determine damages for future loss of earnings as a result of a motor vehicle accident? (British Columbia, Canada)
What is the test for determining fairness in the context of the s. 57 declaration of common law? (British Columbia, Canada)
What is the standard of review applied by the Court of Appeal in determining the apportionment of fault between a plaintiff and plaintiff? (British Columbia, Canada)
What is the test for determining whether a reasonable bystander has been in the context of a breach of contract? (British Columbia, Canada)
