What is the test for material contribution in a motor vehicle accident?
Nova Scotia, Canada
The following excerpt is from Gillis v. Roy Stutley Plumbing and Heating Ltd., 2012 NSSC 244 (CanLII):
The plaintiff says that Athey v. Leonati 1996 CanLII 183 (SCC), [1996] 3 S.C.R. 458 is the leading authority on causation. She says it stands for the proposition that the “but for” test can be unworkable in some circumstances and this is one of those circumstances. She says therefore that the “material contribution” test applies here and that she has met the onus on her.
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