Sentences with phrase «accepted on a balance of probabilities»

[36] There were other aspects of the plaintiff's evidence which were contradictory to other evidence that she gave or inconsistent with evidence that I accepted on a balance of probabilities.

Not exact matches

The outsider to climate science has no rational choice but to accept that, on a balance of probabilities, the mainstream science is right.

I accept that the plaintiff has proved on a balance of probabilities that the symptoms, including non-specific back pain that he currently suffers from, including disc protrusion, were caused by the first accident and the pain from those injuries was aggravated by the second accident.

From the respondent's written and oral submissions at trial, it is apparent that the respondent [employer] accepted that it had the onus to demonstrate, on a balance of probabilities, that it had just cause to terminate the appellant's employment without notice or compensation in lieu of notice.

Civil law requires proof on the balance of probabilities (i.e. 51 % likelihood) while the scientific community does not accept causation unless the results are statistically significant.

As the judge correctly stated, this involved considering how Levicom would have acted in the hypothetical circumstances that Linklaters» advice was not negligent: Levicom had to show how they would have acted on the balance of probabilities, and also that there was a substantial chance that the Swedish companies would have agreed to settle on terms that Levicom would have accepted.

It is now accepted that the authority pursuing the application must demonstrate that the proceeds of crime are as such on the balance of probabilities.

These were powerful inferences that had to be «displaced» by the claimant (although the trial judge accepted that it was for the defendant to prove fraud on the balance of probabilities).

That involved considering how the claimant would have acted in the hypothetical circumstances that the defendant's advice was not negligent: the claimant had to show how they would have acted on the balance of probabilities, and also that there was a substantial chance that the Swedish companies would have agreed to settle on terms that the claimant would have accepted: Allied Maples Group v Simmons & Simmons [1995] 4 All ER 907.

His lordship would apply the principles in Allied Maple Group to the instant case as follows: the claimants had to show on the balance of probabilities that, had they received proper advice, they would have adopted a different negotiating stance, and, if they showed that, the court had to assess the chance of that bringing about a response from the Swedish companies that on the balance of probabilities the claimant would have accepted by way of settlement of the dispute.

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.