Why was the Athey v Leonati case important?
Why was the Athey v Leonati case important?
Leonati, an appeal from the British Columbia Court of Appeal. This is an important case in the understanding of causation and the principals for assessing damages in cases where there are different causes for the Plaintiff’s injuries and continuing medical problems.
How do you prove legal causation in tort?
There are two elements to establishing causation in respect of tort claims, with the claimant required to demonstrate that:
- the defendant’s breach, in fact, resulted in the damage complained of (factual causation) and.
- this damage should, as a matter of law, be recoverable from the defendant (legal causation)
What is the but-for test of causation?
Spanning both civil and criminal law, the but for test broadly asks: “But for the actions of the defendant (X), would the harm (Y) have occurred?” If Y’s existence depends on X, the test is satisfied and causation demonstrated. If Y would have happened regardless of X, the defendant cannot be liable.
What would happen to tort law if there was no requirement to prove causation?
No Causation The defendant is not liable for losses: inevitable loss: which would have been sustained whether not a contract was breached or the tort was committed. The loss would have happened in any event, and. no causative link: brought about by causes which can’t be attributable to the breach.
What is eggshell law?
The “egg shell skull” rule and challenges ahead. Regardless of the injury sustained, the frailty and fragility of a claimant is no defence in a tort claim. The thin skull rule, also known as the “egg- shell rule”, is a well-established principle in both English tort and criminal law.
What is the test for causation in law?
The basic test for establishing causation is the “but-for” test in which the defendant will be liable only if the claimant’s damage would not have occurred “but for” his negligence.
Does eggshell skull apply to criminal law?
The doctrine is applied in all areas of torts – intentional torts, negligence, and strict liability cases – as well as in criminal law.
What was the case Athey V leonati?
Athey v. Leonati, [1996] 3 SCR 458 Facts: P had pre-existing back condition and suffered neck and back injuries due to a car accident which D negligently caused. Went to work out at Fitness World on the doctor’s advice and herniated a disc. Trial judge reduced damages by 75% because of the causal role of the existing back condition.
What was leonati case 3 SCR 458?
Leonati, [1996] 3 SCR 458 Facts: P had pre-existing back condition and suffered neck and back injuries due to a car accident which D negligently caused. Went to work out at Fitness World on the doctor’s advice and herniated a disc. Trial judge reduced damages by 75% because of the causal role of the existing back condition.
When to increase the damage award in a CanLII case?
Ippolito, 1985 CanLII 62 (SCC), [1985] 1 S.C.R. 146 . For example, if there is a 30 percent chance that the plaintiff’s injuries will worsen, then the damage award may be increased by 30 percent of the anticipated extra damages to reflect that risk.
What happened to Jon Athey?
2 The appellant, Jon Athey, was injured in two motor vehicle accidents, the first of which took place in February 1991 and the second in April 1991. Before the accidents, he worked as an autobody repairman and body shop manager at Budget Rent-A-Car.