Robin F. Hansen (University of Saskatchewan – College of Law) has published a case comment in the Alberta Law Review, Vol. 48, No. 3, pp. 771-782, 2011 entitled, “Fullowka v. Pinkerton’s of Canada Ltd. and the Material-Contribution Test for Factual Causation in Negligence”. The abstract reads:
On 18 February 2010 the Supreme Court of Canada released its judgment in Fullowka v. Pinkerton’s of Canada Ltd. In a unanimous decision, the Court canvassed issues including duty and standard of care, factual causation, and the vicarious liability of unions, focusing especially upon duty and standard of care. This case comment examines, in particular, the decision’s treatment of factual causation in negligence. I argue that while the reasoning on factual causation is brief, its implicit logic helps reveal the Court’s current intent regarding the substance of the material-contribution test for factual causation.
The paper may be downloaded at SSRN here.