Date: Mon, 16 Oct 2006 12:51:06 -0500

From: Richard Wright

Subject: Causation in the Ontario CA

Thanks, Jason. The majority makes a valiant but in my mind unsuccessful effort to describe some coherent scope and limitation for the Canadian material contribution test other than (1) when there has been actual causal contribution in a case of causal overdetermination [a situation not mentioned by the majority] or (2) a case of possible contribution to an actual injury where all that can be proven is increased risk or a chance of causation [for which the majority says there is no liability].

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From: Jason Neyers
Sent: Monday, October 16, 2006 6:54 AM
Subject: ODG: Causation in the Ont. CA

Dear Colleagues:

Causation aficionados will be interested in the recent case of Aristorenas v. Comcare Health Services where the Ont. C.A. diverge on the application of causation principles in negligence cases.

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