What is the "but for" test for proving causation in a motor vehicle accident case?

Ontario, Canada


The following excerpt is from Owen v. Bains, 2021 ONSC 6666 (CanLII):

The “but for” test with respect to causation was set out in the decision in Clements v. Clements, 2012 SCC 32, [2012] 2 S.C.R. 181 at para 8: The test for showing causation is the “but for” test. The plaintiff must show on a balance of probabilities that “but for” the defendant’s negligent act, the injury would not have occurred. Inherent in the phrase “but for” is the requirement that the defendant’s negligence was necessary to bring about the injury ― in other words that the injury would not have occurred without the defendant’s negligence. This is a factual inquiry. If the plaintiff does not establish this on a balance of probabilities, having regard to all the evidence, her action against the defendant fails.

Other Questions


What is the burden of proving causation in a motor vehicle accident case? (Ontario, Canada)
In a motor vehicle accident in this province, when is the discoverability rule applicable in motor vehicle accidents? (Ontario, Canada)
What is the test for showing causation in a motor vehicle accident case? (Ontario, Canada)
What is the test for determining material contribution and causation in a motor vehicle accident case? (Ontario, Canada)
What is the burden of proving that a plaintiff is entitled to an exception in a motor vehicle accident case? (Ontario, Canada)
Does immoveable vehicle defeat the presumption in a motor vehicle accident case? (Ontario, Canada)
Is there any case law where the defence called no evidence to support the presumption of negligence in a motor vehicle accident case? (Ontario, Canada)
What is the test for determining causation in a motor vehicle accident case? (Ontario, Canada)
In what circumstances will a jury be recalled to a jury on causation in a motor vehicle accident case? (Ontario, Canada)
How does a motorcyclist who was involved in a collision with another motor vehicle have to prove that the accident caused the impairment? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.