Causation in Tort II

This book is essential for: judges and litigation counsel.

Current to: June 2011 

What will suffice after Resurfice?
This publication is the successor to our highly successful 2008 book Causation in Tort After Resurfice. This year's publication focuses on substantive law and includes a discussion of: current factual causation law and issues, “but for” and inference causation, class actions issues, toxic torts issues, clarifying causation, causation in medicine, causation in construction and insurance, damages, causation and responsibility for loss, and multiple causes: "but for", material contribution, proximate cause/remoteness, NESS, probability and belief, and a US factual causation law primer for Canadians. This unique and comprehensive publication presents papers from a stellar team of counsel, jurists, and tort scholars from across Canada.

CONTENTS

• factual causation in tort after Resurfice: Resurfice Corp. v. Hanke; tales of sound and fury—factual causation in the tort after Resurfice; not clarifying Resurfice; decision causation—Pandora's tool-box
• known unknowns in cause-in-fact: causal inference in negligence law, in defence of causal inference, "common sense" and judgment
• reasoning through probabilistic causation in individual and aggregate claims: factual vs. legal causation, indeterminate causation in mass tort, making the case for aggregate proof of causation, Resurfice as the door ajar to aggregate liability in class action
• material contribution to justice? toxic causation after Resurfice Corp. v Hanke: the problem of scientific uncertainty in toxic tort, traditional approaches to causation, proposals for risk-based liability, toxic causation
• clarifying causation in tort: what is causation?, the "but for" test, the material contribution test, when is "but for" unworkable?, causation and evidentiary sufficiency, what Canadian causation is not
• causation in medical negligence cases—a perspective from British Columbia: general principles, the "but for" test, a "robust and pragmatic" approach to causation, loss of chance, material contribution, Chambers v. Goertz
• causation and responsibility for losses: the basic principles, the question of "divisible" and "indivisible" injuries, options
• proximate cause, remoteness, and supervening causes
• concurrent causation and insurance contracts: principles of insurance contract interpretation, C.C.R. Fishing, Derksen, progressive homes, approaches to the problem of multiple causes
• multiple causation and Nessies' children: insufficient, sufficient, or necessary causes