The decision confirms the Kooragang test is to be applied when considering whether there has been a break in the chain of causation between the original injury and a consequential condition/injury. But For Test 2.) The decision highlights the fine line between the application of the 'common sense evaluation of the causal chain' and 'but for' causation tests. FSCO has released the appeal decision of State Farm and Sabadash (Appeal P16-00029) confirming the correct test to be applied for causation in accident benefits cases is the “but for” test. Summers Test. Tort law uses a ‘but for’ test in order to establish a factual link between the conduct of the defendant and the injuries of the claimant. 2517 (2013), the Supreme Court held that Title VII retaliation claims (unlike “status-based discrimination claims, i.e., those claims under Section 2000e-2(a)) must be proved according to traditional principles of “but-for” causation, not the “lessened causation test stated in Section 2000e-2(m).” Use when dealing with a single defendant and only one cause Applying The "But For Test" ... Is another way of establishing factual causation in tort law. The long accepted test of factual causation is the ‘but-for’ test. Substantial Factor Test 3.) The question is entirely one of fact. Nassar, 133 S.Ct. He ruled the but for test for causation does apply in this case, and when correctly applied leads to the conclusion the valuer is liable for the whole loss flowing from the negligent valuation. Factual Causation. ‘substantial factor’ test subsumes the traditional ‘but for’ test of causation. The ‘but for’ causation is a test used by the court to establish fault of the defendant which caused damage to the claimant. This test would in turn help determine what the position of the claimant would have been had it not been for the defendant’s breach of duty. If you study law, sooner or later you will come across the issue of causation. One asks whether the claimant’s harm would have occurred in any event without, (that is but-for) the defendant’s conduct. The New South Wales Court of Appeal decision in New South Wales v Mikhael adds to the growing body of superior court authority which discusses the requirements for factual causation under s 5D of the Civil Liability Act 2002 (NSW) and affirms the place of the “but for” test in determining causation in negligence.. Facts of the case. That is, a defendant should only be liable for damages that he caused the plaintiff. But For Test. A test in tort law linking the tort and the damages (aka causation), which is stated as: but for the defendant's negligence, the plaintiff would not have been injured.. “But For” and “Substantial Factor” are Two Different Ways to Test Whether Defendant Caused Plaintiff’s Injury. actor’s negligent conduct is not a substantial factor in bringing about harm to. Subsection (1) of section 432 provides: ‘Except as stated in Subsection (2), the. In short, Director’s Delegate David Evans found that the “but for” test is “paramount” in determining causation in accident benefits cases. Factual causation. If it would, that conduct is not the cause of the harm.