Causations, Damages, Defences

Question 1

Factual Causation

Answer 1

Direct establishment between the damage and the action
- The action was a direct cause of the damage

But for test

Question 2

Legal Causation

Answer 2

Action made significant contributions to the result

Question 3

Reasonable Foreseeability

Answer 3

If an outcome is not reasonably foreseeable it can sever the causation chain (Usually occurs when another contributory negligence that the original defendant could not foresee)

A secondary negligent action that is unforeseeable to the original negligent can sever the causation chain

Question 4

Material Contribution

Answer 4

Only used in complex cases where it is not possible to prove the but for test but there are multiple negligent people
- Can fine multiple people

Only to be used in exceptional cases

Question 5

But for test

Answer 5

But for the defendant’s actions the event would not have occured
- AKA: If not for the defendants actions the event would not have occured

• Meaning if the defendant did nothing no damages would happen –> Proves the defendants actions were the cause of the damage

Question 6

Balance of Probability

Answer 6

Proving that there is a 51% chance that the defendants actions contributed to the damage

Question 7

Causation
- As an Element of Negligence

Answer 7

Plaintiff must prove on a balance of probabilities that but for the breach of standard by the defendant the plaintiff would not have suffered the damages

Question 8

Damages
- As an Element of Negligence

Answer 8

Classified as either:
- Pecuniary
- Non-pecuniary

Question 9

Pecuniary

Answer 9

Damages/Special Damages that increases expenses for plaintiff
- Cost of care
- Loss of housekeeping
- Loss of income

Question 10

Non-Pecuniary

Answer 10

Damages/General Damages that cases pain and suffering

Question 11

Compensation to victims of negligence

Answer 11

Have to perform an assessment and collect information
- Life expectanacy
- Day in the life
- Medical assessments
- Expert opinions

Question 12

Legal rules to determine negligence caused harm or loss

Answer 12

Damage = Suffered lost wages, lost housekeeping, lost dependency, lost consortium, pain and suffering

Question 13

Defenses to negligence claim

Answer 13

• Deny breach of standard of care
• Deny breach caused injuries
• Contributory negligence
• Expiration of Limitation period
• Statutory immunity

Question 14

Limitation periods
- How long

Answer 14

Determined by statue
- Generally 2 years from accrual of the cause of action
- Does not include time to serve claim and extensions

(Discovery of the injury, date of the injury, date where plaintiff suffered loss or damage)

Question 15

Limitation Periods
- Exceptions

Answer 15

Can be suspended if plaintiff is a minor or is under disability

Question 16

Statutory Immunity
- Who is protected

Answer 16

• Emergency 911
• Emergency Health Services
• The Crown
• Regional Health Authority
• Employee under assigned by the Minister
• Chief Medical Officer
• Health Practitioner
• Teacher in charge of an institution
• Provincial health board