Category: negligence

Clements v. Clements: Negligence Claims, Causation, and the “Material Contribution to Risk” Test

In Clements v. Clements, 2012 SCC 32 (“Clements”), the Supreme Court of Canada clarified the circumstances in which a plaintiff in a negligence action may establish causation on the basis that the defendant’s conduct materially contributed to the risk that gave rise to the plaintiff’s injury, rather than the “but for” test. The Court held that the […]