Boon et al. v. Mann, 2016 BCCA 242
| Judge | Garson, Stromberg-Stein and Fitch, JJ.A. |
| Court | Court of Appeal (British Columbia) |
| Case Date | June 08, 2016 |
| Jurisdiction | British Columbia |
| Citations | 2016 BCCA 242;(2016), 387 B.C.A.C. 314 (CA) |
Boon v. Mann (2016), 387 B.C.A.C. 314 (CA);
668 W.A.C. 314
MLB headnote and full text
Temp. Cite: [2016] B.C.A.C. TBEd. JN.022
Kenneth Boon and Leona Douglas (appellants/plaintiffs) v. Kashmir Mann (respondent/defendant)
(CA42873; 2016 BCCA 242)
Indexed As: Boon et al. v. Mann
British Columbia Court of Appeal
Garson, Stromberg-Stein and Fitch, JJ.A.
June 8, 2016.
Summary:
The plaintiffs rented a suite from the defendant. The plaintiffs brought a negligence action for damages against the defendant, alleging that the defendant's failure to install smoke detectors in the suite caused their personal property losses and physical and psychological injuries.
The British Columbia Supreme Court, in a judgment reported at [2015] B.C.T.C. Uned. 990, dismissed the claim. Although the failure to install smoke detectors in the suite was negligence, the plaintiffs failed to prove causation on a balance of probabilities (i.e., that if smoke detectors had been installed their losses would have been lessened or averted). The plaintiffs appealed, arguing that the trial judge erred in applying too narrow a causation test.
The British Columbia Court of Appeal dismissed the appeal. The trial judge applied the correct causation test and did not misapprehend the evidence. There was no evidence that the presence of smoke detectors would have allowed the plaintiffs to leave the suite earlier or otherwise lessen their losses. Causation was not established.
Torts - Topic 54
Negligence - Causation - Test for (incl. "but for" test and "material contribution" test) - See paragraphs 1 to 32.
Torts - Topic 61
Negligence - Causation - Causal connection - See paragraphs 1 to 32.
Torts - Topic 65
Negligence - Causation - Evidence and proof - See paragraphs 1 to 32.
Counsel:
M. McCubbin and P.R. Bisbicis, for the appellants;
J. Loeb, for the respondent.
This appeal was heard on May 12, 2016, at Vancouver, B.C., before Garson, Stromberg-Stein and Fitch, JJ.A., of the British Columbia Court of Appeal.
On June 8, 2016, Fitch, J.A., delivered the following judgment for the Court of Appeal.
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Smith v. Basker, 2019 BCSC 1459
...nothing more than a common sense or anecdotal analysis. There must be some evidence supporting a finding of causation: Boon v. Mann, 2016 BCCA 242 at paras. 14–19. [108] The plaintiff need only establish a “substantial connection between the injury and the defendant’s conduct” in order to e......
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Ross v. Dupuis, 2017 BCSC 2159
...nothing more than a common sense or anecdotal analysis. There must be some evidence supporting a finding of causation: Boon v. Mann, 2016 BCCA 242, at paras. 14–19. [150] On the evidence as a whole, I find it is more probable than not that the plaintiff stretching her right arm back to brac......
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Weaver v. Pollock, 2018 BCSC 531
...be so relaxed or expanded to permit nothing more than a ‘common sense’ or anecdotal analysis of the issue: Boon v. Mann, 2016 BCCA 242 where Garson J.A., on behalf of the Court, stated: As a general rule, a plaintiff in a negligence action cannot succeed unless he shows as a m......
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387 B.C.A.C. Topical Index, 387 B.C.A.C. 36
...(incl. "but for" test and "material contribution" test) - British Columbia Court of Appeal - Boon et al. v. Mann, 387 B.C.A.C. 314; 668 W.A.C. 314 . Torts - Topic 61 Negligence - Causation - Causal connection - British Columbia Court of Appeal - Boon et al. v. Mann, 387 ......
-
Smith v. Basker, 2019 BCSC 1459
...nothing more than a common sense or anecdotal analysis. There must be some evidence supporting a finding of causation: Boon v. Mann, 2016 BCCA 242 at paras. 14–19. [108] The plaintiff need only establish a “substantial connection between the injury and the defendant’s conduct” in order to e......
-
Ross v. Dupuis, 2017 BCSC 2159
...nothing more than a common sense or anecdotal analysis. There must be some evidence supporting a finding of causation: Boon v. Mann, 2016 BCCA 242, at paras. 14–19. [150] On the evidence as a whole, I find it is more probable than not that the plaintiff stretching her right arm back to brac......
-
Weaver v. Pollock, 2018 BCSC 531
...be so relaxed or expanded to permit nothing more than a ‘common sense’ or anecdotal analysis of the issue: Boon v. Mann, 2016 BCCA 242 where Garson J.A., on behalf of the Court, stated: As a general rule, a plaintiff in a negligence action cannot succeed unless he shows as a m......
-
387 B.C.A.C. Topical Index, 387 B.C.A.C. 36
...(incl. "but for" test and "material contribution" test) - British Columbia Court of Appeal - Boon et al. v. Mann, 387 B.C.A.C. 314; 668 W.A.C. 314 . Torts - Topic 61 Negligence - Causation - Causal connection - British Columbia Court of Appeal - Boon et al. v. Mann, 387 ......