Causation

Question 1

What do you need to show for causation?

Answer 1

1. The alleged breach
2. The specific injury

Question 2

What are the 2 kinds of causation?

Answer 2

1. Actual cause
2. Proximate (or legal) cause

Question 3

What is the But-For test?

Answer 3

If the plaintiff’s injury would not have occured “but for” the defendant’s breach, the act is a cause of the injury.

Question 4

What happened in Kauffman v. Toronto Transit Comm?

Answer 4

Facts :
Kauffman riding escalator
Rowdy youths cause domino effect
Kauffman badly injured

But because, no evidence that the negligent design contributed to the accident, TTC not liable. No evidence that Kauffman tried to use handrail or that a better one could have prevented her injury.

Question 5

What happened in Barnett v. Chelsea & Kensington Hospital?

Answer 5

Facts:
3 men go to hospital, complaining of vomiting after drinking tea
Doctor told them to go home and call their own doctors
One man dies a few hours later of arsenic poisoning

Issue: Was doctor negligent?

Conclusion : No, because even if the doctor had examined the man, the treatment would not have been administered in time. He would have died anyway even if the doctor would have seen him.
SO : Breach the duty and standard of care, but no causation.

Question 6

What are the established exceptions to the but-for test?

Answer 6

• The multiple negligent defendants rule
• The learned intermediary rule
• Informed consent

Question 7

Who have the burden of proof when the injury is caused by one of 2 defendants and one cannot determine which of the 2 actually caused the injury?

Answer 7

The defendant.
The defendant has to prove which defendant was negligent.

Question 8

What is the test where a plaintiff contends that he was not adequately informed of the nature of medical treatment?

Answer 8

Cours ask whether a reasonable person in the plaintiff’s position would have consented if adequately informed.

Question 9

What are the more recent exceptions attempts to the But-for test?

Answer 9

Material contribution test
Materially increased risk test
Loss of chance

Question 10

What is the proper test for causation in cases of negligent donor screening?

Answer 10

It is whether the defendant’s negligence materially contributed to the occurence of the injury.

Question 11

When is the material contribution test available?

Answer 11

Material Contribution Test only available where two requirements are met:
1. impossible to prove causation using but-for test and this impossibility results from factors beyond plaintiff’s control.
2. plaintiff must establish that defendant breached the standard of care and that the injury feel within the ambit of risk created by the breach

Question 12

Who have the burden of proof when a defendant’s neligence materially increases the risk of a particlar kind of injury?

Answer 12

the defendant. Burden of proof shifts to the defendant who must show some other cause or that the plaintiff’s injury would have occured anyway.

Question 13

What are the 2 types of multiple causes?

Answer 13

1. Independent Insufficient Causes : Two causes neither of which is sufficient in itself to have caused the injury.
2. Independent Sufficient Causes : Two causes which independently could have done damage.

Question 14

What to remember of the case Athey v. Leonati (independant insufficient causes)

Answer 14

Facts : Negligent D causes car accident causing injury to P
P has pre-existing back injury

It is not necessary for the plaintiff to establish that the defendant’s negligence was the sole cause of the injury. As long as a defendant is part of the cause of an injury, the defendant is liable, even though his act alone was not enough to create the injury.