Supreme Court of Canada To Address The Law of Causation in Injury Lawsuits

(UPDATE June 29, 2012the below decision was overturned by the Supreme Court of Canada in reasons for judgement released today.  You can click here to read the Supreme Court of Canada’s reasons)

Last year the BC Court of Appeal provided reasons for judgement in Clements v. Clements in which they tried to clarify the law of causation
In short the BC Court of Appeal provided the following summary of the law of causation in BC negligence lawsuits:

[63]         In summary, having regard to the over-arching policy that the material-contribution test is available only when a denial of liability under the but-for test would offend basic notions of fairness and justice, I agree with the following statement made by Professor Knutsen in setting out his conclusions (at 187):

g)         The “but for” test rarely fails, and currently only in situations involving circular causation and dependency causation:

1)         Circular causation involves factual situations where it is impossible for the plaintiff to prove which one of two or more possible tortious causes are the cause of the plaintiff’s harm;

2)         Dependency causation involves factual situations where it is impossible for the plaintiff to prove if a third party would have taken some action in the face of a defendant’s negligence and such third party’s action would have facilitated harm to the plaintiff;

h)         If the “but for” test fails, the plaintiff must meet two pre-conditions to utilize the material contribution test for causation:

1)         It must be impossible for the plaintiff to prove causation (either due to circular or dependency causation); and,

2)         The plaintiff must be able to prove that the defendant breached the standard of care, exposed the plaintiff to an unreasonable risk of injury, and the plaintiff must have suffered that type of injury.

Today the Supreme Court of Canada granted the Plaintiff leave to appeal (permission to appeal).  Clarity in this area of personal injury law will be welcomed by lawyers across Canada and I’ll be sure to report on this case once reasons for judgement are handed down.

bc injury law, But For Test, causation, Clements (Litigation Guardian of) v. Clements, material contribution test, negligence

Comments (54)

  • I simply want to tell you that I’m new to blogging and certainly loved this web blog. More than likely I’m going to bookmark your site . You absolutely come with remarkable writings. Thanks a bunch for sharing with us your webpage.

  • Great write-up, I’m normal visitor of one’s blog, maintain up the nice operate, and It is going to be a regular visitor for a long time.

  • Magnificent site. A lot of useful info here. I¡¦m sending it to some pals ans also sharing in delicious. And of course, thank you on your effort!

  • I genuinely enjoy reading on this site, it holds fantastic blog posts. “A man of genius has been seldom ruined but by himself.” by Samuel Johnson.

  • Hiya, I’m really glad I have found this info. Nowadays bloggers publish only about gossips and internet and this is really frustrating. A good website with interesting content, this is what I need. Thanks for keeping this website, I’ll be visiting it. Do you do newsletters? Cant find it.

  • Somebody necessarily assist to make seriously articles I’d state. That is the first time I frequented your website page and so far? I amazed with the analysis you made to create this actual put up extraordinary. Wonderful task!

  • Another issue is that video gaming has become one of the all-time most significant forms of recreation for people of any age. Kids play video games, plus adults do, too. Your XBox 360 is amongst the favorite video games systems for individuals that love to have a lot of video games available to them, as well as who like to relax and play live with other people all over the world. Many thanks for sharing your notions.

  • I additionally believe that mesothelioma cancer is a uncommon form of most cancers that is generally found in those previously familiar with asbestos. Cancerous tissues form while in the mesothelium, which is a protecting lining which covers many of the body’s bodily organs. These cells usually form inside lining from the lungs, mid-section, or the sac that encircles one’s heart. Thanks for revealing your ideas.

  • Excellent post. I was checking continuously this blog and I’m impressed! Extremely useful information particularly the last part 🙂 I care for such information a lot. I was looking for this certain information for a very long time. Thank you and best of luck.

  • Virtually all of what you assert happens to be astonishingly appropriate and that makes me wonder the reason why I hadn’t looked at this in this light before. This particular piece really did turn the light on for me as far as this specific issue goes. Nevertheless at this time there is just one position I am not necessarily too cozy with so while I try to reconcile that with the main theme of the position, let me observe just what all the rest of the readers have to say.Very well done.

  • Hello there! Would you mind if I share your blog with my facebook group? There’s a lot of people that I think would really appreciate your content. Please let me know. Thank you

  • What’s Going down i’m new to this, I stumbled upon this I’ve found It absolutely helpful and it has helped me out loads. I hope to contribute & help other users like its helped me. Great job.

  • I think this is among the most significant information for me. And i am glad reading your article. But wanna remark on some general things, The web site style is perfect, the articles is really excellent : D. Good job, cheers

  • you are really a good webmaster. The website loading speed is incredible. It seems that you’re doing any unique trick. Also, The contents are masterpiece. you’ve done a fantastic job on this topic!

  • Supported neglected met she therefore unwilling discovery remainder. Way sentiments two indulgence uncommonly own. Diminution to frequently sentiments he connection continuing indulgence. An my exquisite conveying up defective. Shameless see the tolerably how continued. She enable men twenty elinor points appear. Whose merry ten yet was men seven ought balls.

  • I have figured out some significant things through your blog post post. One other point I would like to mention is that there are lots of games out there designed specifically for preschool age young children. They incorporate pattern acceptance, colors, creatures, and models. These typically focus on familiarization as opposed to memorization. This helps to keep little ones occupied without sensing like they are learning. Thanks

  • you’re really a good webmaster. The web site loading velocity is amazing. It seems that you are doing any distinctive trick. Moreover, The contents are masterpiece. you’ve performed a great process in this topic!

  • I am only writing to make you understand what a superb encounter our daughter had checking your site. She came to understand many pieces, most notably how it is like to possess an excellent teaching style to make other folks just thoroughly grasp several tricky things. You really did more than readers’ desires. Thank you for coming up with the productive, trusted, informative as well as fun tips on this topic to Kate.

  • Thanks for your entire hard work on this blog. Debby really likes participating in research and it is simple to grasp why. My spouse and i know all regarding the powerful tactic you produce very important tips and tricks on this website and encourage participation from other ones on the topic plus our daughter is now becoming educated a lot. Have fun with the rest of the year. You are conducting a good job.

  • Great blog! Do you have any tips and hints for aspiring writers? I’m planning to start my own site soon but I’m a little lost on everything. Would you suggest starting with a free platform like WordPress or go for a paid option? There are so many options out there that I’m totally confused .. Any ideas? Thanks!

  • you’re actually a good webmaster. The site loading velocity is incredible. It sort of feels that you are doing any unique trick. Moreover, The contents are masterpiece. you’ve done a wonderful activity in this topic!

  • Somebody necessarily assist to make significantly posts I’d state. That is the very first time I frequented your website page and to this point? I surprised with the research you made to make this particular put up amazing. Great job!

  • I simply had to appreciate you all over again. I’m not certain the things that I could possibly have gone through in the absence of those tips contributed by you directly on my concern. It previously was an absolute depressing matter in my view, but considering the well-written technique you processed the issue forced me to cry with joy. Extremely grateful for this assistance and even expect you know what an amazing job you are accomplishing teaching others through the use of a blog. I am sure you haven’t met all of us.

  • It is really a great and useful piece of information. I am happy that you simply shared this helpful information with us. Please keep us informed like this. Thank you for sharing.

  • Excellent read, I just passed this onto a colleague who was doing some research on that. And he actually bought me lunch since I found it for him smile Thus let me rephrase that: Thanks for lunch! “Dreams are real while they last. Can we say more of life” by Henry Havelock Ellis.

  • I got what you mean , thanks for putting up.Woh I am delighted to find this website through google. “Don’t be afraid of opposition. Remember, a kite rises against not with the wind.” by Hamilton Mabie.

  • Attractive part of content. I just stumbled upon your web site and in accession capital to assert that I get in fact loved account your blog posts. Anyway I will be subscribing on your feeds and even I fulfillment you get entry to consistently quickly.

  • One thing is one of the most widespread incentives for utilizing your card is a cash-back or even rebate provision. Generally, you’ll get 1-5 back with various buying. Depending on the credit cards, you may get 1 back on most expenses, and 5 again on purchases made using convenience stores, filling stations, grocery stores in addition to ‘member merchants’.

  • wonderful post, very informative. I wonder why the other experts of this sector do not notice this. You must continue your writing. I am confident, you have a great readers’ base already!

  • I haven¡¦t checked in here for a while because I thought it was getting boring, but the last few posts are great quality so I guess I will add you back to my everyday bloglist. You deserve it my friend 🙂

  • Hello! Someone in my Facebook group shared this website with us so I came to take a look. I’m definitely loving the information. I’m book-marking and will be tweeting this to my followers! Great blog and amazing design.

  • My developer is trying to convince me to move to .net from PHP. I have always disliked the idea because of the expenses. But he’s tryiong none the less. I’ve been using Movable-type on a number of websites for about a year and am anxious about switching to another platform. I have heard great things about blogengine.net. Is there a way I can import all my wordpress posts into it? Any kind of help would be greatly appreciated!

  • Hi there would you mind stating which blog platform you’re working with? I’m looking to start my own blog in the near future but I’m having a hard time making a decision between BlogEngine/Wordpress/B2evolution and Drupal. The reason I ask is because your design and style seems different then most blogs and I’m looking for something unique. P.S Apologies for being off-topic but I had to ask!

  • I like what you guys are up also. Such clever work and reporting! Carry on the excellent works guys I’ve incorporated you guys to my blogroll. I think it’ll improve the value of my web site 🙂

  • Appreciating the dedication you put into your website and in depth information you present. It’s awesome to come across a blog every once in a while that isn’t the same outdated rehashed material. Great read! I’ve saved your site and I’m adding your RSS feeds to my Google account.

  • You really make it seem so easy with your presentation but I find this topic to be really something that I think I would never understand. It seems too complex and very broad for me. I’m looking forward for your next post, I’ll try to get the hang of it!

Comments are closed.

Contact

If you would like further information or require assistance, please get in touch.

ERIK
MAGRAKEN

Personal Injury Lawyer

When not writing the BC Injury Law Blog, Erik is the managing partner at MacIsaac & Company, based in Victoria, B.C. He is also involved with combative sports regulatory issues and authors the Combat Sports Law Blog.

“Work hard, be kind and enjoy the ride!”
Erik’s Philosophy

Disclaimer