What is the but for test in a personal injury action?
Nova Scotia, Canada
The following excerpt is from Gillis v. Roy Stutley Plumbing and Heating Ltd., 2012 NSSC 244 (CanLII):
Referring to Snell v. Farrell, 1990 CanLII 70 (SCC), [1990] 2 S.C.R. 311, she continued in para. 23: 23 The “but for” test recognizes that compensation for negligent conduct should only be made “where a substantial connection between the injury and defendant’s conduct” is present. It ensures that a defendant will not be held liable for the plaintiff’s injuries where they “may very well be due to factors unconnected to the defendant and not the fault of anyone”: Snell v. Farrell, at p. 327, per Sopinka, J.
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