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Are there any cases that demonstrate the type and sufficiency of evidence required by the court to find causation in circumstances involving fire?
How have the B.C. courts interpreted the Supreme Court of Canada decision in Derksen v. 539938 Ontario Ltd. , infra, in the context of automobile insurance?
If it is found that the portion of cause of injuries attributable to the use and operation of an automobile is only a small portion, e.g.. 1% due to use or operation of an automobile and 99% because of occupier's liability, can the plaintiff look to the automobile insurer 100% for the damages?
If it is found that the portion of cause of injuries attributable to the use and operation of an automobile is small—e.g.. 1% due to use or operation of an automobile and 99% because of occupier's liability, can the defendant look to the automobile insurer for 100% of its defence and indemnity?
Is the causation element of a negligence claim made out where the defendant's negligence cannot be said to be a “but-for” cause of the accident but it can be said that the defendant's negligence was a “but-for” cause of the death resulting from the accident (i.e. the negligence can be said to have exacerbated or contributed to the injuries)?
Is there a causation argument under Kawartha Dairy Ltd. or otherwise for a situation where a plaintiff was injured in a fall but does not recall the circumstances of the fall?
What are some cases considering the elements of a claim for negligently inflicted nervous shock?
What are the basic criteria necessary to establish a claim for negligently inflicted nervous shock?
What are the elements of negligence in a gas leak/explosion incident?
What defences, if any, regarding liability are available to an employer for an employee's drunk driving?
When the driver of a vehicle leaves his car running and unlocked and it is subsequently stolen, with the thief causing an accident in the vehicle, can the driver of the vehicle be found liable for the damages suffered in the accident?
Would B be found liable under the Occupiers Liability Act for injuries he suffered by W from a paintball gunshot indoors by a houseguest at a party hosted by a tenant?
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Duty and standard of care
Liability of owner or possessor of animals
Practice and procedure
Strict liability (rule in Rylands v. Fletcher)