Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 14 NOVEMBER 2011

Causation: Pick Your Theory Please!

Lerners LLP
Explore more from Lerners LLP

Not a causation case in the country gets adjudicated without reference to Resurfice Corp. v. Hanke, [2007] 1 S.C.J. No. 7. In that seminal decision, the Supreme Court of Canada attempted to clarify when the "material contribution" test for causation displaces the "but for" test.

CanadaLitigation, Mediation & Arbitration
Jasmine Akbarali
Jasmine Akbarali
Author LinkedIn connections

Originally published in The Lawyers Weekly, May 28, 2010

Not a causation case in the country gets adjudicated without reference to Resurfice Corp. v. Hanke, [2007] 1 S.C.J. No. 7. In that seminal decision, the Supreme Court of Canada attempted to clarify when the "material contribution" test for causation displaces the "but for" test.

In order to apply the "material contribution" test, the court found that two requirements must be met. First, it must be impossible for the plaintiff to prove that the defendant's negligence caused the plaintiff 's injury using the "but for" test, and the impossibility must be due to factors that are outside the plaintiff 's control. Second, it must be clear that the defendant breached a duty of care owed to the plaintiff, thereby exposing the plaintiff to an unreasonable risk of injury, and the plaintiff must have suffered that form of injury.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

BLG At The SCC – What’s Coming In The Supreme Court’s Fall 2026 Sitting Schedule

The Supreme Court of Canada held its second annual ceremony marking the opening of the judicial year at its temporary home in the West Memorial Building, with Chief Justice highlighting the Court's increased caseload and architectural features. What significant constitutional and legal challenges will the Court address in its fall 2026 session, including cases on firearm regulations, Crown immunity, and vicarious liability?
CanadaLitigation, Mediation & Arbitration
Borden Ladner Gervais LLP
Borden Ladner Gervais LLP
Article

Ontario Court Bifurcates Class Action As Practical Approach To Onerous Discovery Demands

An Ontario court granted a motion to bifurcate liability and damages stages in a class action alleging $500 million in hidden fees, finding that extensive documentary production requests were disproportionate and not relevant to determining liability. The decision addresses proportionality concerns in class actions where defendants face onerous discovery demands spanning millions of transactions over a decade.
CanadaLitigation, Mediation & Arbitration
Bennett Jones LLP
Bennett Jones LLP
Article

The Coldcard Exploit: Why Victims May Have Two Routes To Recovery

A five-year-old firmware defect in Coldcard hardware wallets has enabled attackers to systematically drain an estimated $116 million in Bitcoin from over 5,200 victims since July 2026. This unprecedented exploit raises critical questions about manufacturer liability and creates two distinct legal pathways for recovery: blockchain tracing against the perpetrators and potential litigation against Canadian manufacturer Coinkite for product defects that undermined the fundamental security promise of devices mar
CanadaLitigation, Mediation & Arbitration
WeirFoulds LLP
WeirFoulds LLP
Article

Supreme Court Strikes Down Privative Clause: What Democracy Watch v Canada Means For Administrative Decision-makers

The Supreme Court of Canada has unanimously struck down a privative clause in the Conflict of Interest Act that attempted to bar judicial review of the Ethics Commissioner's decisions. The ruling establishes that the Constitution guarantees a minimum of legality review over all administrative decisions, with implications extending to labour relations, workers' compensation, and immigration legislation containing similar clauses.
CanadaLitigation, Mediation & Arbitration
Miller Thomson
Miller Thomson
Article

Ontario's New Road Safety Measure, And What It Means To Your Insurance Rates

If you put winter tires on your car this winter, your insurance company owes you a discount. The announcement was made by the Ontario government on October 14, 2015. As of January 1, 2016, all insurance companies operating in Ontario are required to provide a discount to their policyholders using winter tires. The announcement was made by the Ontario government on October 14, 2015. As of January 1, 2016, all insurance companies operating in Ontario are required to provide a discount to their
CanadaInsurance
Lerners LLP
Lerners LLP
Article

Demystifying The 2L Recruit: A Personal Guide To Success

Navigating the 2L law school recruitment process can feel overwhelming, but understanding what to expect at each stage—from summer coffee chats and brief OCI interviews to intensive in-firm interview weeks—can transform anxiety into confidence. Drawing from personal experience at Lerners LLP, this guide reveals how preparation, authenticity, and strategic relationship-building lead to recruitment success and finding the right firm fit.
CanadaEmployment and HR
Lerners LLP
Lerners LLP
Article

Can I Claim Damages For Intimate Partner Violence In Ontario? A Look At Ahluwalia And Mitchell

The Supreme Court of Canada has established a new tort for intimate partner violence, extending legal recognition beyond physical abuse to include psychological control, financial manipulation, and other coercive tactics. Understanding who can sue, what conduct qualifies, and how courts will assess damages is essential for anyone navigating this emerging area of law.
CanadaFamily and Matrimonial
Lerners LLP
Lerners LLP