What is the test for determining whether a defendant is liable for an injury caused by negligence?
Ontario, Canada
The following excerpt is from Livent Inc. v. Deloitte & Touche, 2016 ONCA 11 (CanLII):
It is not necessary that the defendant’s negligence be the sole cause of the injury, as explained by Major J. in Athey v. Leonati, 1996 CanLII 183 (SCC), [1996] 3 S.C.R. 458, at para. 17: As long as a defendant is part of the cause of an injury, the defendant is liable, even though his act alone was not enough to create the injury. There is no basis for a reduction of liability because of the existence of other preconditions: defendants remain liable for all injuries caused or contributed to by their negligence. [Emphasis in original.]
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