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ARTICLE · 05 JULY 2024

Novus Actus Interveniens (Intervening Cause) And "But For" Causation

McCague Borlack LLP
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It should be noted that this paper is directed at novus actus interveniens in the context of tort claims, not criminal cases, where considerations may well differ.

CanadaLitigation, Mediation & Arbitration
Hillel David
Hillel David
Peter Yaniszewski
Peter Yaniszewski
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Table of Contents

Introduction

A. THE DEFENCE IS OFTEN UNAVAILABLE

  • Conditions and limitations
  • Other considerations

B. IS NOVUS ACTUS INTERVENIENS A VIABLE THEORY?

  • An underlying principle: The obligation to prove "but for" causation
  • "Breaking the chain of causation"
  • The inevitable loss explanation
  • Does intervening cause act in both "up" and "down" directions?
  • Another explanation – "overwhelming cause"
  • What if one of the events does not involve wrongdoing?
  • An off-note decision: Sunrise Co. v Lake Winnipeg (The)
  • The outcome in Sunrise was wrong, but part of its reasoning was correct and significant
  • Negligence statutes
  • A negligent plaintiff - two cautionary tales

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