Case Comment on Clements v. Clements
Prof. Emir Crowne of the University of Windsor Faculty of Law and Omar Ha-Redeye have an upcoming publication in the Western Journal of Legal Studies (WJLS), Clements v. Clements: In Search of a Mythical Causation Scenario:
Abstract
The recent Supreme Court of Canada decision Clements v. Clements, 2012 SCC 32 provides important guidance on the appropriate application of the material contribution test in cases of negligence. This case commentary will provide an overview of the material contribution and “but for” tests of causation, outline the Supreme Court’s reasoning in the decision, and analyze its broader implications. It is suggested that the Court has significantly clarified the law of causation, emphasizing the necessity of utilizing the new “global but for” test, while leaving room for the application of the material contribution test in (as yet to be seen) appropriate circumstances.
The recent Supreme Court of Canada decision Clements v. Clements provides important guidance on the appropriate application of the material contribution test in cases of negligence. This case commentary will provide an overview of the material contribution and “but for” tests of causation, outline the Supreme Court’s reasoning in the decision, and analyze its broader implications. It is suggested that the Court has significantly clarified the law of causation, emphasizing the necessity of utilizing the new “global but for” test, while leaving room for the application of the material contribution test in (as yet to be seen) appropriate circumstances.
A downloadable copy is also available via SSRN.
