The appellant suffered back injuries in two successive motor vehicle accidents.
While recovering, he experienced a disc herniation during a mild stretching exercise.
The trial judge found the accidents contributed 25% to the herniation and awarded 25% of the global damages, which the Court of Appeal upheld.
The Supreme Court of Canada allowed the appeal, holding that apportionment between tortious and non-tortious causes is contrary to tort principles.
Because the accidents materially contributed to the indivisible injury, the defendants were fully liable for the entire loss under the thin skull rule.
