← University
Negligence: The Four Elements Every Business Should Know
0 of 10

A utilities contractor operating in Edmonton had been engaged to complete water main repair work along a commercial street, with the scope of work requiring excavation of a trench running parallel to the roadway and extending partially across the adjacent public sidewalk. The trench measured approximately 1.8 metres deep and 1.2 metres wide, positioned to access underground infrastructure while maintaining vehicular traffic flow on the street itself. The contractor's crew worked through the afternoon and, at approximately 4:30 PM, the site supervisor made the decision to cease operations for the day, with work scheduled to resume the following morning.

Before departing, workers placed 2 orange traffic cones at either end of the excavation and strung a single strand of yellow caution tape across the opening. No rigid barriers surrounded the trench, no warning signage had been posted to alert pedestrians, and no plywood or steel covering was placed over the excavation where it crossed the sidewalk. The site remained in this condition overnight, with the trench fully open and accessible to anyone walking along the pedestrian pathway.

The following morning, a 62-year-old retiree was walking along the sidewalk on a route she had used regularly for years, returning from an early medical appointment. The pedestrian's attention was momentarily drawn to her phone, which displayed directions to a nearby pharmacy, as she approached the construction zone. At approximately 8:45 AM, she stepped directly into the uncovered trench, falling the full depth of the excavation. During the fall, she struck her head against a protruding pipe fitting and landed awkwardly on her left leg and hip.

Emergency services transported the injured pedestrian to hospital, where medical examination revealed a fractured pelvis, a dislocated shoulder, multiple contusions, and a severe concussion. The injuries required surgical intervention followed by an extended course of physiotherapy projected to last approximately 8 months. The pedestrian incurred significant medical expenses, lost the ability to perform activities she had previously enjoyed, and experienced ongoing pain and mobility limitations.

The injured pedestrian now seeks compensation from the contractor, alleging that the failure to properly secure the excavation site constituted negligence. The contractor's liability insurer has retained counsel to defend the claim. Central to the dispute are questions about what obligations the contractor owed to pedestrians using the adjacent sidewalk, whether the precautions taken before leaving the site met the standard of care expected of a reasonable contractor in similar circumstances, whether the contractor's conduct actually caused the injuries sustained, what categories of loss are compensable, and whether the pedestrian's own conduct in using her phone while walking should reduce or eliminate any recovery.

Causation: Proving That the Breach Actually Caused the Harm

Negligence claims succeed or fail on causation. A business owner may breach a duty of care in the most obvious way imaginable, but without causation linking that breach to the plaintiff's injury, the claim collapses. This fourth lesson examines how Canadian law approaches causation, why it presents unique challenges in negligence litigation, and what business operators need to understand about proving or disproving the causal chain between a breach and resulting harm.

Causation sits at the heart of negligence analysis because the law refuses to hold defendants responsible for harm they did not actually cause. This principle reflects fundamental notions of fairness that permeate Canadian tort law. A defendant who breaches their duty of care but causes no harm owes nothing in damages. Conversely, a plaintiff who suffers genuine injury but cannot trace that injury back to the defendant's breach recovers nothing. The causation requirement ensures that legal responsibility attaches only where the defendant's conduct genuinely brought about the plaintiff's loss.

Canadian courts approach causation through two distinct inquiries that serve different purposes within the negligence framework. The first inquiry, causation in fact, asks whether the defendant's breach actually caused the plaintiff's injury as a matter of physical or historical reality. The second inquiry, remoteness or legal causation, asks whether the connection between breach and injury is close enough that the law should impose liability. Both inquiries must be satisfied for a negligence claim to succeed, and both present challenges that business owners should understand.

That’s the free preview

You’ve reached the end of what’s open to read. The rest of this lesson is part of a $149 course — purchasing unlocks it, or sign in if you already have access.