How to Prove the Causal Link in Civil Liability Law in Quebec
Understanding Extra-Contractual Civil Liability
In Quebec, civil liability law (also known as extra-contractual liability) protects anyone who suffers harm caused by another outside of a contractual agreement. Indeed, this allows a victim to seek compensation when the wrongful conduct of a third party causes them harm.
For liability to be established, three conditions must be met: fault, actual damages, and a direct link between the fault and the harm.
Thus, the key concept remains the causal link: it must be proven that the harm truly results from the alleged fault.
The importance of the causal link
The causal link is often the most complex stage of a legal claim. Courts in Quebec carefully examine whether the harm truly results from the fault, or if other factors may have contributed. For example, if a business owner fails to clear snow from the entrance of their store and a client is injured, it must be demonstrated that the fall directly resulted from this negligence. In a case of online defamation, it is necessary to prove that the published statements caused real harm to the reputation or business of the person concerned.
To establish this connection, judges may rely on different legal theories, such as the equivalence of conditions (any cause that contributed to the harm may be considered) or adequate causation (the main, logical, and foreseeable cause is favored). Sometimes, only a direct and immediate relationship between the fault and the injury will be recognized.
The best types of evidence
Proof of the causal relationship relies on all available elements: witness testimony, expert reports, photographs, and medical or administrative documents. Moreover, in certain complex cases, the involvement of court-appointed experts becomes essential to assist the court. The law also provides for presumptions: for example, in an accident involving a pedestrian, the driver is presumed to be at fault unless proven otherwise. Such presumptions make the process easier for the victim.
There are also situations where several events or individuals are involved in causing the harm. In such cases, joint and several liability may apply: the victim can claim the entire compensation from just one responsible party, who can then seek reimbursement from the others.
Complex cases and the court’s discretion
Some cases present particular challenges. Sometimes, the injury or damage appears months or even years after the event, making it more difficult to demonstrate the causal connection. Other times, external factors independent of the initial fault play a role. In such situations, the court has significant discretion. In cases of doubt about the precise cause of the harm, Quebec jurisprudence often aims not to penalize the victim.
The support of a lawyer
Enforcing your rights in civil liability cases requires rigor, expertise, and attentive listening. That’s why, at Sabbagh & Associé, we analyze each case individually, explain your options clearly, and gather the necessary evidence to defend your interests. Our approach aims to simplify every step so that you can make informed decisions and act with confidence.
What is the time limit for taking action in a civil liability case?
Imagine that after suffering harm, you wonder how much time you have to assert your rights. In Quebec, the limitation period for civil liability cases is generally three years from the moment you become aware of the damage. This means that if you are the victim of an accident or reputational harm, it is important to act quickly to protect your rights. Don’t wait for the situation to become more complicated before consulting a lawyer to assess your options.
How do you prove the causal link in court?
Let’s take the example of John, who was injured after slipping on the uncleared sidewalk of a business. To receive compensation, John must demonstrate in court not only the business owner’s fault, but also that his injury is truly connected to this negligence. Evidence can take various forms: testimony from those present, medical reports detailing the nature of the injuries, and photos or documents showing the condition of the premises. A lawyer can help you gather these elements and present a strong case.
Is it always necessary to go to court to resolve this type of dispute?
Most civil liability cases do not necessarily end up in court. Very often, a well-drafted demand letter supported by convincing evidence can start settlement discussions. Furthermore, mediation offers a humane and effective way to reach an agreement while avoiding the delays and costs of a trial. Our team regularly assists clients through this process, focusing on practical solutions.
Marie discovers that she has been the target of defamatory statements published on social media. Worried about her reputation and her business, she wonders what steps to take. After meeting with a lawyer, she learns that she has three years to take action and that it is essential to keep all evidence of the statements made and their impact on her business.
Need personalized support?
Contact the team at Sabbagh & Associé to receive advice tailored to your situation. We are here to listen, review your case, and defend your rights with rigor and compassion.
Disclaimer: This article does not constitute legal advice. It is intended solely to inform readers about certain aspects of civil liability law in Quebec, including how to prove causation, possible remedies, and the importance of consulting a professional for an assessment tailored to your situation.