What is the test for establishing a prima facie case of negligence in a motor vehicle accident?
British Columbia, Canada
The following excerpt is from East Ocean Seafood Restaurant (1991) Ltd. v Bonanza Building Maintenance Inc., 2020 BCSC 874 (CanLII):
I must weigh the circumstantial evidence, along with any direct evidence, to determine whether the plaintiff has, on a balance of probabilities, established a prima facie case of negligence: Fontaine v. British Columbia (Official Administrator), 1998 CanLII 814 (SCC), [1998] 1 S.C.R. 424, at para. 27. If the plaintiff establishes a prima facie case, the defendant must present evidence to negate it.
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