Fullowka v. Pinkerton’s of Canada Ltd. and the Material Contribution Test for Factual Causation in Negligence

  • Robin Hansen


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.

Author Biography

Robin Hansen
Assistant Professor, College of Law, University of Saskatchewan; B.A. (Hons.) (Calgary), M.A. (Carleton), LL.B. (Ottawa), LL.M. (McGill), Member of the Bars of Ontario and Saskatchewan.I would like to thank John Kleefeld for his helpful comments on an earlier draft. All errors remain my own.
Case Comments