What is the test for determining whether there is a but for?

Ontario, Canada


The following excerpt is from Donleavy v. Ultramar Ltd., 2019 ONCA 687 (CanLII):

The appellants argue that the trial judge resorted to the “material contribution” test for causation, as she purported to do, because she recognized that she was unable to make the necessary factual findings for “but for” causation. They point to the absence of evidence about the specific condition of the tank in 2006 and 2007 and the timing of when water began to accumulate in the tank and the progress of the corrosive process. They refer to Gendron v. Thompson Fuels, 2017 ONSC 4009, aff’d 2019 ONCA 293, in which there was evidence with respect to the rate of corrosion leading to a discharge from a fuel oil tank, and they say that the absence of this type of evidence in this case was fatal to any finding of “but for” causation.

Other Questions


What is the test for determining whether a defendant’s jurisdiction has to be determined by the Court of Appeal? (Ontario, Canada)
What is the test for determining whether a risk is material and whether there has been a breach of the duty of disclosure? (Ontario, Canada)
What factors are considered to be determinative in determining whether a person will be successful in their claim to be a property owner? (Ontario, Canada)
What is the test for determining whether goods have reached their ultimate destination? (Ontario, Canada)
What is the test for determining whether an entity is a state actor? (Ontario, Canada)
What is the test for determining whether a respondent ought to have known conduct to be unwelcome? (Ontario, Canada)
What are the factors used by the court to determine whether a spouse is entitled to occupation rent when they are no longer paying support? (Ontario, Canada)
What is the test for determining whether a genuine issue exists under the Child Protection Act? (Ontario, Canada)
What is the test for determining whether a latent defect in a building can be found to be a "latent defect" in a construction contract? (Ontario, Canada)
What factors must be considered in determining whether to enforce a settlement under Rule 49.09? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.