SCC Hemmings v. Padmore Causation and Remoteness

Key Takeaways from Hemmings v. Padmore (SCC 2026)

1. Factual causation and remoteness are NOT the same thing

  • Courts must analyze them separately.
  • Just because a defendant’s negligence contributed to an injury does not automatically mean they are legally responsible for that injury.
  • First ask: Did the negligence cause the injury?
  • Then ask: Is the injury close enough and foreseeable enough to impose liability?

2. The “but for” test remains the primary test for causation

  • Would the injury have happened but for the defendant’s negligence?
  • If the answer is no, causation is established.
  • The defendant’s negligence does not have to be the only cause, just a necessary cause.

3. Plaintiffs do not need scientific certainty

  • Causation does not require perfect expert evidence.
  • Courts can use common sense and reasonable inferences.
  • A plaintiff can succeed even when experts disagree or cannot give definitive answers.

4. The burden of proving causation remains with the plaintiff

  • Even when a defendant offers an alternative explanation, the plaintiff must still prove causation on a balance of probabilities.
  • Defendants do not have to prove their alternative theory.

5. Complex cases may require a “counterfactual” analysis

  • Courts may need to ask:
    • “What would have happened if the defendant had met the standard of care?”
  • This will be especially important when:
    • There are multiple defendants
    • There are competing expert opinions
    • Significant time passed between negligence and injury
    • The medical issues are complex

6. Remoteness is really about foreseeability

  • A defendant is only liable for injuries that were a reasonably foreseeable consequence of their negligence.
  • The injury must represent a real risk, not a remote possibility.

7. The exact sequence of events does NOT need to be foreseeable

  • A defendant does not need to predict precisely how an injury will occur.
  • What matters is whether the general type of injury was foreseeable.

Example:

  • A doctor need not predict every step leading to a surgical complication.
  • It may be enough that serious surgical complications were a foreseeable risk.

8. Courts should focus on the actual injury

  • The SCC cautioned against defining injuries too broadly.
  • It is not enough to say “physical injury” was foreseeable.
  • The court should look at the actual category of injury that occurred.

9. Remoteness is not simply a fairness exercise

  • Judges should not decide liability based only on what feels fair.
  • The test remains rooted in reasonable foreseeability and legal principle.

10. Medical negligence cases will often turn on what the practitioner reasonably knew at the time

  • Foreseeability is assessed from the defendant’s perspective at the time of the alleged negligence.
  • The court asks:
    • What information was available then?
    • What risks would a reasonable practitioner have appreciated at that time?

Why this case matters

In practical terms, this may become one of the leading SCC authorities for lawyers dealing with:

  • Medical negligence
  • Personal injury
  • Multiple defendants
  • Competing expert opinions
  • Causation disputes
  • Failure-to-warn/informed consent claims

The biggest message from the Court is simple:

“Proving that negligence contributed to an injury is not enough. Lawyers must separately prove (1) factual causation and (2) that the injury was a reasonably foreseeable consequence of the negligence.”

For plaintiff and defence counsel alike, this is likely the most important causation/remoteness clarification from the SCC since Clements.

Case Citation.