SCC Case Information
Joan Clements, by her Litigation Guardian, Donna Jardine v. Joseph Clements
(British Columbia) (Civil) (By Leave)
Torts - Negligence.
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch) for information purposes only.
Torts — Negligence — Causation — Material contribution test — Whether material contribution test for causation is available only in circumstances of circular or reliance causation — Whether Court of Appeal erred in restating and narrowing material contribution test for causation pronounced by Supreme Court of Canada.
The applicant was severely injured while riding on a motorcycle driven by her husband, the respondent. The trial judge found that the respondent was negligent in two respects: he was driving at an excessive speed and the motorcycle was overloaded. Applying the material contribution test, he found that causation had been established and that, therefore, the respondent was liable for the injuries sustained by the applicant. The Court of Appeal allowed the respondent’s appeal. It set aside the trial judge’s order and dismissed the applicant’s action.