What is the defence of novus actus interveniens?
British Columbia, Canada
The following excerpt is from Maingot v Wankowicz, 2021 BCSC 1596 (CanLII):
The defence of novus actus interveniens is successful when the new act is of sufficient magnitude to break the chain of causation. The novus actus interveniens analysis is conducted as part of the proximate cause analysis so that a defendant is not held liable for objectively unforeseen consequences of his or her actions. The question of whether a subsequent act breaks the chain of causation is a question of fact: Hussack v. Chilliwack School District No. 33, 2011 BCCA 258 at paras. 87–88.
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