By Craig Gillespie and Barbara E. Cotton

As counsel, we must frequently grapple with the law of causation, and apply it to our particular factual situation, to see if we can prove that causation, and thus liability, is established. This article is intended to provide a general overview of the law of causation to help you to that end.

While this article focuses on causation as a whole, it has particular relevance to those who are involved in, or are considering, medical negligence cases. Causation is all too often the hidden trap in what otherwise appears to be a solid claim. In cases of failure to diagnose or failure to treat in a timely fashion, claimants and counsel can fail to appreciate that it is not enough to demonstrate that adequate diagnosis and treatment would have afforded a chance of avoiding the unfavourable outcome-that chance must surpass the threshold of more likely than not.

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