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ARTICLE · 17 JULY 2012

On-Risk E-Bulletin @ Gowlings - July 13, 2012 - Volume 10, Number 3

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When seeking to recover damages in connection with harm resulting from another’s negligence, an injured party must establish on a balance of probabilities that the tortfeasor caused the injury in question.

CanadaLitigation, Mediation & Arbitration
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Edited by Paul J. Stein and Heather Gray

The Supreme Court takes another stab at the application of the "material contribution" test: Clements v. Clements and the law of proof of causation in negligence

By: Julia Vizzaccaro and Belinda Bain

Introduction

When seeking to recover damages in connection with harm resulting from another's negligence, an injured party must establish on a balance of probabilities that the tortfeasor caused the injury in question. The requirement that an injured party establish a causal connection between the negligent act and the resulting harm has been recognized to anchor the law of negligence to one of its underlying purposes, that of corrective justice.

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