How have the courts interpreted the “but for” test?
Ontario, Canada
The following excerpt is from West v. Knowles, 2021 ONCA 296 (CanLII):
In resisting this ground of appeal, the respondent submits that the term “material contribution” can be used as an alternative way of describing the “but for” test. He relies, in part, on the pre-Clements decision in Athey v. Leonati, 1996 CanLII 183 (SCC), [1996] 3 S.C.R. 458, at para. 41, where Major J. said, “[t]he plaintiff must prove causation by meeting the ‘but for’ or material contribution test.” The respondent therefore submits that we should treat the references to “material contribution” in this jury charge as communicating the “but for” test.
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