Joan Clements, by her Litigation Guardian, Donna Jardine v. Joseph Clements (February 17, 2012)
The applicant was severely injured while riding on a motorcycle driven by her husband, the respondent.
The trial judge found that the respondent was negligent in two respects: he was driving at an excessive speed and the motorcycle was overloaded.
The trial judge applied the material contribution test and found that causation had been established.
As a result of this, the respondent was liable for the injuries sustained by the applicant.
The Court of Appeal allowed the respondent’s appeal and dismissed the applicant’s action.