At some point this year, I might have the fortune to attempt, again, to explain the current state of Canadian tort causation law to a class of law students.

I’ll point out, again, that if one attempts to parse the statements of principle in the cases, they too often not don’t make sense. Or they’re not consistent with statements in other recent cases at co-ordinate levels. Or they’re not consistent with supposedly binding decisions of a superior court.

I’ll emphasize, again, that somehow trial and appellate judges (and juries), more often than not, make a decision that’s defensible on the evidence.

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