THe Canadian case will have no bearing on UK law as different legal system, however Canadian law is in part based on the UK's judicial system so could be at least referred to (BMW would strive to have it exlcuded of course).
However the point they make (and is referred to since) is that BMW's main case was that they said the modification 'caused' the issue but as the only people who can ascertain the 'cause' is BMW then the onus of proof is on them as only they have the facitlies to measure it so BMW are in a difficult situation, either open up their diagnostic systems to third parties (which they should do under EU law but invariably make it difficult) or accept that push comes to shove they will have to pay out in such circumstances.
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