The appellants appealed a jury verdict in a motor vehicle accident case, arguing the trial judge erred by charging the jury on both the 'but for' and 'material contribution' tests for causation.
The Court of Appeal agreed that charging on both tests was an error of law, as only one test applies.
However, the court found no substantial wrong or miscarriage of justice, as the trial judge's explanation of 'material contribution' effectively amounted to a further instruction on the 'but for' test.
The respondent's cross-appeal regarding the trial judge's guidance on the quantum of damages was also dismissed.
