Causation

Jake was stopped in his car at a red light. A pair of teenagers unexpectedly ran up to the vehicle and smashed the windshield with a baseball bat. Jake put his car into park and leaped out to chase the teenagers. Unfortunately, he did not catch them. Worse yet, upon returning to the traffic light, he found that his car had been stolen. A few minutes later, several blocks away, the thief rammed Jake's vehicle into Mysty's truck. The teenagers and the thief have never been identified. Mysty has therefore sued Jake. She claims that if Jake had not left his keys in the ignition while he chased the vandals, the thief would not have been in a position to steal his car and crash into her truck. Jake admits that he should have taken the keys with him but denies that he committed the tort of negligence.

This is issue of Causation under Negligence Tort Law.

Causation Definition: Causation is usually decided by the but-for test. Causation normally has to be established on a balance of probabilities, but once it is, the courts generally adopt an all-or-nothing approach to the issue of liability. The plaintiff merely has to prove that the defendant's carelessness was a cause of a loss.

Required

1. What is the relevant legal issues (Under Canadian Law)?

Read and understand the facts to determine the legal questions that need to be answered.

2. Identify and discuss the applicable law relevant to the issue.

Cite the applicable law.

3. Apply the law to the facts and come to a conclusion or opinion.

Do not apply only common sense. Apply the law!