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Causation not proved, court back dismissal of case

Thursday, September 15, 2016 @ 8:00 PM | By Ann Macaulay

The Nova Scotia Court of Appeal has upheld a lower court decision dismissing a personal injury negligence action that ruled the plaintiff failed to establish the necessary element of causation, despite finding the defendant had a duty of care to the plaintiff.

“Applying the ‘but for’ test of causation, the trial judge concluded that the appellant failed to establish that the respondent’s failure to maintain the bridge caused his losses. As such, the action was dismissed,” ruled Justice Cindy Bourgeois on behalf of a unanimous court...