Section 64 - Causing death

The general provisions of Part One with respect to causing an event are, in their application to the causing of death by harm, subject to the following explanations and modifications, namely,

(a) the death of a person is caused by harm, if by reason of the harm, death has happened otherwise or sooner, by however short a time, than it would probably have happened but for the harm;

(b) it is immaterial that the harm would not have caused the person’s death but for the infancy, old age, disease, intoxication, or any other state of body or mind of that person at the time when the harm was caused;

(c) it is immaterial that the harm would not have caused the person’s death but for the refusal or neglect of that person to submit to or seek proper medical or surgical treatment, or but for the negligent or improper conduct or manner of living of that person, or of treating the harm, unless the person so acting was guilty of a wanton or reckless disregard of that person’s own health or condition;

(d) death is caused by harm if the death is caused by the medical or surgical treatment of the harm, unless the treatment is grossly negligent or unless the death could not have been foreseen as a likely consequence of the treatment; and

(e) death is not caused by harm unless the death takes place within a year and a day of the harm being caused.