FARRANT V. LAKTIN, 2011 BCCA 336 (“FARRANT”), an August 2, 2011 judgment of Neilson J.A., underscores how causation is not an “either/or” proposition. The trial judge in FARRANT held that the Plaintiff’s pre-existing spinal degeneration was the cause of his ongoing pain, and that the whiplash he suffered in the accident at issue resolved within four months.

While last week’s entry dealt with the applicability of joint and several liability to indivisible injuries, a case released on August 11, 2010, DANICEK V. ALEXANDER HOLBURN BEAUDIN & LANG, 2010 BCSC 1111 (“DANICEK”), provides an example of how a court may still distinguish between injuries caused by multiple tortfeasors and decline to impose joint and several liability.