Is there any case law where a plaintiff can only prove cause and contribution to the injury?
British Columbia, Canada
The following excerpt is from Ward v Cariboo Regional District, 2021 BCSC 1495 (CanLII):
In the context of treaty litigation and s. 35, it is open to the court to take a robust common sense approach to cause and contribution. In Sopinka J.’s unanimous decision in Snell v. Farrell, 1990 CanLII 70 (SCC), [1990] 2 S.C.R. 311, he noted at 327: If I were convinced that defendants who have a substantial connection to the injury were escaping liability because plaintiffs cannot prove causation under currently applied principles, I would not hesitate to adopt one of these alternatives.
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