What is the test for determining whether a trial judge has improperly applied a narrow, traditional, common-sense approach to causation?
British Columbia, Canada
The following excerpt is from Boon v. Mann, 2016 BCCA 242 (CanLII):
The appellants rely on Snell v. Farrell, 1990 CanLII 70 (SCC), [1990] 2 S.C.R. 311 for the proposition that a narrow, traditional approach to causation is inappropriate, and that courts should approach causation in a robust, ordinary, common-sense manner. They submit that the trial judge approached causation too narrowly. They contend that this issue is to be evaluated on a standard of correctness.
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