The third party appealed a trial judgment finding it 25% liable for a rear-end motor vehicle collision.
The trial judge found that the third party was negligent in failing to adequately warn oncoming traffic of its workers, and that if it had done so, the defendant driver's chances of stopping in time would have increased by one in four.
The Court of Appeal allowed the appeal, holding that a 25% chance of avoiding the accident does not satisfy the 'but for' test for causation, which requires proof on a balance of probabilities.
The action against the third party was dismissed.
