Thomson Rogers personal injury lawyer Stacey Stevens was recently featured in a Law Times article titled “Judicial review in multiple MVA case reaffirms use of material contribution test for causation.”
In the article Stacey discusses the recent judicial review of a decision out of the Licence Appeal Tribunal dealing with causation and pre-existing conditions and says it is “a good case for our side of the table.”
“The important takeaway is that in cases for statutory accident benefits claims where the injured person comes to the table with a significant pre-existing health history, the proper test to apply for causation remains the material contribution test and not the ‘but for’ test,” Stevens says. “That’s what makes this decision important for lawyers who do plaintiff personal injury work – it reaffirms it’s the material contribution test that applies, and that the insurer has to take their victims as they find them.”
Continue reading the full article on Law Times here.
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