What is the "inference principle" of causation?

British Columbia, Canada


The following excerpt is from Trinetti v. Hunter, 2005 BCCA 549 (CanLII):

With respect to the "inference principle" of causation described by Lambert J.A. in Haag v. Marshall, supra, I would respectfully adopt the reasoning of Smith J.A. in B.M. v. British Columbia (Attorney General) (2004) 31 B.C.L.R. (4th) 61, 2004 BCCA 402 at para. 153, to the effect that it is "restricted to rare cases where it is clear that the defendant(s) controlled all possible physical agents of harm and it is impossible to identify scientifically the pathogenesis of the harm and, therefore, to attribute precise responsibility for the harm as between the tortious acts of several defendants or as between one defendant’s tortious and non-tortious acts." These circumstances do not arise in this case for several reasons, including the fact no tortious act — a failure to take reasonable care — was proven.

Other Questions


Can inferences of causation be drawn in a motor vehicle accident? (British Columbia, Canada)
What are the principles of causation in a personal injury case? (British Columbia, Canada)
What are the principles of the rules of causation in a civil case? (British Columbia, Canada)
How have the principles of tortfeasor's law been interpreted in the context of the case law, and what are the principles with respect to animals generally? (British Columbia, Canada)
What is the "inference principle" used to determine liability of an occupier in a claim for loss of property? (British Columbia, Canada)
What is the test for inferring causation from a temporal sequence? (British Columbia, Canada)
Can the presumption of equitable principles be displaced by equitable principles? (British Columbia, Canada)
What are the principles set out in Houghton v.Houghton and what are the implications of the principles in the case law? (British Columbia, Canada)
What is the basis for the Improvement District of B.C. to rely upon the principle upon which it relies on the principle of proprietary estoppel? (British Columbia, Canada)
What are the principles concerning inference that may be drawn from a party's failure to call supporting evidence? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.