What is the current test for determining causation in a motor vehicle accident?
Alberta, Canada
The following excerpt is from Cory v. Bass, 2011 ABQB 360 (CanLII):
[113] The basic test for determining causation remains the “but for” test. This was recently reaffirmed in Resurfice v. Hanke, 2007 SCC 7 at para. 24, [2007] 1 S.C.R. 333 The “but for” test requires the plaintiff to show that the injury would not have occurred but for the negligence of the defendant: Athey v. Leonati, 1996 CanLII 183 (SCC), [1996] 3 S.C.R. 458. In special circumstances where it proves unworkable the law has recognized exceptions to the basic “but for” test and has applied the “material contribution” test.
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