Clements v. Clements: A Material Contribution to the Jurisprudence - The Supreme Court of Canada Clarifies the Law of Causation

University of Western Ontario Journal of Legal Studies, Vol. 2, No. 2 (2012)

15 Pages Posted: 2 Jul 2012 Last revised: 12 Jun 2015

Dr. Emir Crowne

University of the West Indies (Mona)

Omar Ha-Redeye

Fleet Street Law; Ryerson University

Date Written: November 19, 2012

Abstract

The recent Supreme Court of Canada decision Clements v. Clement provides important guidance on the appropriate application of the material contribution test in cases of negligence. This case commentary will provide an overview of the material contribution and “but for” tests of causation, outline the Supreme Court’s reasoning in the decision, and analyze its broader implications. It is suggested that the Court has significantly clarified the law of causation, emphasizing the necessity of utilizing the new “global but for” test, while leaving room for the application of the material contribution test in (as yet to be seen) appropriate circumstances.

Keywords: Clements, Supreme Court, causation, material contribution, but for, 2012 SCC 32, Clements v. Clements

Suggested Citation

Crowne, Dr. Emir and Ha-Redeye, Omar, Clements v. Clements: A Material Contribution to the Jurisprudence - The Supreme Court of Canada Clarifies the Law of Causation (November 19, 2012). University of Western Ontario Journal of Legal Studies, Vol. 2, No. 2 (2012). Available at SSRN: https://ssrn.com/abstract=2097881 or http://dx.doi.org/10.2139/ssrn.2097881

Emir Crowne (Contact Author)

University of the West Indies (Mona) ( email )

Faculty of Law
1-3 West Road
Kingston, 7
Jamaica

Omar Ha-Redeye

Ryerson University ( email )

350 Victoria Street
Toronto, Ontario M5B 2K3
Canada

Fleet Street Law ( email )

Toronto, Ontario
Canada
4165467412 (Phone)
4165467412 (Fax)

HOME PAGE: http://FleetStreetLaw.com

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