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ARTICLE · 10 NOVEMBER 2026

BWA Morning Espresso: SCC Clarifies Factual Causation In Hemmings V. Padmore (Podcast)

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The Supreme Court of Canada has issued a landmark decision redefining the principles of factual causation and remoteness in tort law, fundamentally changing how courts determine liability in negligence cases. This case arose from a medical malpractice claim involving severe brain injury during childbirth, where the Court grappled with whether a physician who saw the patient months before delivery could be held liable for complications that occurred in the operating room.

CanadaLitigation, Mediation & Arbitration
Jeremy Opolsky
Jeremy Opolsky
Alicja Puchta
Alicja Puchta
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Breakfast is the most important meal of the day… but who doesn’t love a mid-morning pickup? Join our Breakfast with Appeal panelists for their candid reactions to the latest Supreme Court decisions, sharing their views on what’s heating up the bench with that classic BWA flair you know and love—and all in the time it takes to enjoy a quick coffee.

In this episode, Jeremy Opolsky and Alicja Puchta discuss the Supreme Court’s disagreement on the principles of factual causation and remoteness when determining liability.

Transcript

Jeremy Opolsky (00:00:00)

Hello, and welcome to Morning Espresso, a podcast from your friends at Breakfast With Appeal, where we discuss the newest appellate decisions from the Supreme Court of Canada and beyond. I'm Jeremy Opolsky, and I'm one of the hosts of Breakfast With Appeal. Today we're discussing the Supreme Court of Canada's latest tort case in Hemmings and Padmore, 2026 SEC 34.

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