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ARTICLE · 25 APRIL 2025

Causation And Sexual Assault (Part Two): Causation For Liability Has Limited Application In Sexual Abuse Cases

This blog is the second installment in a three-part series exploring causation in the civil sexual abuse context. In part one, I laid the foundation by distinguishing causation for liability from causation for damages.

CanadaLitigation, Mediation & Arbitration

This blog is the second installment in a three-part series exploring causation in the civil sexual abuse context. In part one, I laid the foundation by distinguishing causation for liability from causation for damages. Now, I turn my focus to causation for liability — a concept that has limited application in sexual abuse cases. By examining the nature of claims and the constituent elements of different causes of action, I will explain why causation for liability is often less relevant in the sexual abuse context than is causation for damages.

One must remember that causation for liability purposes is only a relevant consideration for certain types of claims, whereas causation for damages purposes will always be relevant where compensation is being claimed for sexual abuse and violence.

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