What is the test for determining whether a defendant is liable to a plaintiff for an injury?
British Columbia, Canada
The following excerpt is from Stewart v Dhoulthon, 2020 BCSC 1439 (CanLII):
As noted by Madam Justice Dardi in Brooks v. Habib, 2019 BCSC 1398 at para. 217, whether a defendant is liable to a plaintiff for an injury is a matter of causation; the amount of compensation the defendant must pay is a matter of assessment of damages. It is necessary to keep in mind the analytical distinction between determining causation and assessing damages, since different principles apply to each.
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