While the SCC rejected the details of the Clements analysis of Resurfice material contribution, the SCC seems to have accepted the BCCA explanation that Resurfice material contribution is not a test for
factual causation but a policy — based approach that, in
certain circumstances, will permit the courts to hold the caausation requirements of the cause of action have been satisfied notwithsanding that
factual causation has not been established on the balance of probability.
A review form (OFP 40) issues once a year requesting the customer to fill in a questionaire, provide documentary evidence in
certain circumstances and make a declaration that the information they are providing is
factual and complete.