How have the Maslen rules of causation been interpreted by the Court?

British Columbia, Canada


The following excerpt is from Yoshikawa v. Yu, 1996 CanLII 3104 (BC CA):

3 In my opinion ordinary tort principles, including causation principles relating to cause-in-fact, proximate cause and intervening cause, are not set aside by the specific rules developed by Mr. Justice Taylor in Maslen v. Rubenstein. Instead, those rules represent particular applications of ordinary tort principles. An understanding of the Maslen rules is assisted by reference to the tort foundations on which the Maslen rules rest. Accordingly, I have addressed the relationship between the Maslen rules and the more general tort principles of causation in Part V of these reasons, and I have applied my conclusions to my consideration of the reasons of Mr. Justice Trainor, the trial judge, in Part VI of these reasons. II

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