The cause of injuries in an accident are not always clearly defined.

October 28, 2011, Kitchener, Ontario

Posted by: Robert Deutschmann, Personal Injury Lawyer

 

In a recent British Columbia action involving a thin skull plaintiff who was suffering from chronic pain and depression, the court provided the following comment on causation and the interaction between the “but for” test and “material contribution” test:
as explained in the Supreme Court of Canada’s decision in Resurfice, where it would be impossible to prove causation of a medical condition by factors outside the injured plaintiff’s control, such as the very nature of the medical condition itself, due to the limits of scientific knowledge, then the courts may consider the “material contribution test” as an appropriate exception to the default “but for” test.
 
 
Posted under Personal Injury, Chronic Pain, Pain and Suffering

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Deutschmann Law serves South-Western Ontario with offices in Kitchener-Waterloo, Cambridge, Woodstock, Brantford, Stratford and Ayr. The law practice of Robert Deutschmann focuses almost exclusively in personal injury and disability insurance matters. For more information, please visit www.deutschmannlaw.com or call us toll-free at 1-866-414-4878.

The opinions expressed here, while intended to provide useful information, should not be interpreted as legal recommendations or advice.

Practice Areas

  1. Car accidents
  2. Motorcycle accidents
  3. Automobile accident benefits
  4. Catastrophic injury
  5. Brain or Head injury
  6. Paraplegia and Quadriplegia
  7. Spinal cord injury
  8. Drunk driving accidents
  9. Concussion syndrome
  10. Post Traumatic Stress Disorder
  11. Slip and Fall Accidents
  12. Birth Trauma Injury
  1. Wrongful death
  2. Bicycle accidents
  3. Disability insurance claims
  4. Slip and fall injury
  5. Fractures or broken bone injury
  6. Pedestrian accidents
  7. Chronic pain
  8. Truck accidents
  9. Amputation and disfigurement
  10. Fibromyalgia
  11. Nursing Home Fatality Claims

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