Personal Injury Lawyer Tips

Episode Number 10

What is the Difference between the Traditional Approach to Causation, and the Robust and Pragmatic Approach to Causation?

In this vlog, Mr. Andrew Leroy Rudder discusses the difference between the traditional approach to determining causation in a negligence case versus the more modern, robust and pragmatic approach that has been adopted by the Supreme Court of Canada, which offers more flexibility in the courts’ ability to weigh the evidence of both parties.

Mr. Rudder also briefly discusses the Supreme Court of Canada case entitled Snell v. Farrell, 1990 CanLII 70 (SCC), [1990] 2 SCR 311, (1990), 72 D.L.R. (4th) 289, [1990] 2 S.C.R. 311, where we see the adoption of the pragmatic approach to causation.