Is a plaintiff’s claim deficient in the element of causation in her claim?
British Columbia, Canada
The following excerpt is from Hewson v. British Columbia, 2016 BCSC 803 (CanLII):
The plaintiff’s claim is also deficient with respect to the element of causation. Causation is determined using the “but for” test: Clements v. Clements, 2012 SCC 32 at para. 8. The plaintiff must prove on a balance of probabilities that but for the defendant’s negligence, the injury would not have occurred. The but for test requires that the defendant’s negligence was necessary to bring about the injury, in the sense that the injury would not have occurred without the negligent act or omission.
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