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ARTICLE · 21 SEPTEMBER 2020

BACK TO SCHOOL: Solicitors' Negligence – Causation

Minden Gross LLP
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This four-part series will examine the essential elements of solicitors' negligence with a specific focus on will-drafting lawyers. Cram now, and ace the test later!

CanadaLitigation, Mediation & Arbitration
Minden Gross LLP
Minden Gross LLP
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With the "back to school" season upon us (although it looks and feels very different this year), it is a good time to hit the books and review the latest developments in solicitors' negligence. This four-part series will examine the essential elements of solicitors' negligence with a specific focus on will-drafting lawyers. Cram now, and ace the test later!

Causation: The Legal Test

The third installment in this series examines the element of causation. The starting point for causation is the "but for" test. It is a short-hand test to question whether, but for the lawyer's negligence, the loss would have occurred.1 The burden of proof is a balance of probabilities.2 The test will only be made out where there is a substantial connection between a party's loss and the lawyer's conduct. This ensures that a lawyer will not be held liable for a plaintiff's injuries when they are caused by factors unconnected to the lawyer, and/or are not the fault of anyone else.3 A

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