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
Date Written: November 19, 2012
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
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