What is the test for determining whether a defendant contributed to a plaintiff’s injuries?
Alberta, Canada
The following excerpt is from Guay v. Wong, 2008 ABQB 638 (CanLII):
Where the plaintiff is able to show that it is impossible to meet the “but for” test, the plaintiff must prove that the defendant materially contributed to the plaintiff’s injuries. In order to be considered material, the defendant’s contribution to the plaintiff’s injury must fall outside of the de minimis range: Athey v. Leonati, 1996 CanLII 183 (SCC), [1996] 3 S.C.R. 458 at para. 15, 140 D.L.R. (4th) 235.
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