The result is that the plaintiff fell far short of establishing that his depression and business losses were caused or contributed to by the accident. He did not satisfy the onus upon him of proving, on a balance of probabilities, that the accident was a "trigger, pivotal point or a precipitating event" in his condition or losses. Consequently, the legal principles articulated in Athey v. Leonati, 1996 CanLII 183 (SCC),  3 S.C.R. 458 are not applicable.
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