First presented at the CDL Fall Classic.
Background
"Study the past if you would define the future" -
Confucius
Just as Confucius guided us so many centuries ago, similarly, in
order to understand the concept of causation in accident benefits
context, we must look to the past.
The year is 2008. The case of Monks v. ING
Insurance1 had now reached Justices Cronk, Gillese
and Watt of the Court of Appeal for Ontario. Justice Cronk writing
for the unanimous Court summarized the jurisprudence on causation
in accident benefits matters to that date:
[85] Athey v. Leonati2 is the leading
Canadian case on causation in tort law. In Athey, Major J.
reiterated the following well-established principles:
