A View of Causation from the Supreme Court of Canada
The Supreme Court of Canada has provided some welcome guidance on the law of causation, with the release of its decision in Clements v. Clements, 2012 SCC 32.
As much as the Court insisted before that decision that there was only one test for factual causation, the cases actually articulated two tests: the “but for” test, and the “material contribution” test.
Proof that the Plaintiff’s damages would not have arisen “but for” the Defendant’s negligence has been the primary test for causation, but the Courts have continually stated that under certain circumstances, the Plaintiff can succeed by showing that the Plaintiff’s negligence “materially contributed” to the damages.
What that has meant, and when it applies has been the subject of some debate.
