The compensability of financial losses that are the subject of civil litigation partly depends on the finding of an appropriate nexus between the losses and circumstances involving the claim (wrongdoing). Causation considerations may vary depending on the type of claim being advanced. This presentation will review the concept of causation in advancing or defending claims for financial losses including the legal test for causation. Prem and Liviu will discuss the role of the expert (and his or her limitations) in assessing or establishing causation including circumstances that may involve multiple contributors to the losses or multiple actors involved in the claim or wrongdoing. They will also discuss challenges associated with unrelated contributory factors and/or externalities in quantifying compensable losses. The presentation will include thoughts on the division of roles and responsibilities between legal counsel and the expert including instruction on the scope of the expert report and assumptions or inferences to be adopted in the expert’s analysis.
Prem Lobo, Principal – Cohen Hamilton Steger & Co. Inc. (Toronto)
Liviu Cananau, Partner – Borden Ladner Gervais (Toronto)
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