Sentences with phrase «balance of probabilities»

Currently, abuse of dominance need only be proven on the civil standard of balance of probabilities.

Even the proof relationship (as in, proof on balance of probability, and proof beyond reasonable doubt) can be an inductive relationship, and hence we can be in the unfortunate situation of having proof beyond reasonable doubt of a proposition which is in fact false.

However, even on a civil balance of probabilities test, there must be clear, cogent, and convincing evidence to support a termination.

The standard of proof in finding the facts necessary to establish the threshold under s 31 (2) of the Children Act 1989, (ChA 1989) or the welfare considerations in s 1 of ChA 1989, is the simple balance of probabilities, neither more nor less.

They must litigate without the power to cross examine witnesses giving evidence against them, who may remain anonymous and absent from the court, without publicly funded legal representation, without any restriction as to the material placed before the fact - finding court, and can be found responsible for conduct on a mere balance of probabilities.»

In all, 78.9 % of respondents are convinced that at least on balance of probabilities, «climate change poses a very serious and dangerous threat to humanity» (response of 5 +).

Even though the trial judge used the wrong and higher standard of balance of probability, the Court of Appeal still dismissed... Continue reading →

As such, the requirement in the MIG that an insured has the burden to lead «compelling evidence» that the MIG should not apply in his or her case was denounced as being contrary to the fundamental insurance law principle requiring an insurer to prove any exception to or limitation of coverage on the civil balance of probability.

Unlike a traffic ticket where the standard of proof is beyond a reasonable doubt, the adjudicator must be satisfied on a simple balance of probabilities that the the subject was a driver and blew Fail on an ASD or refused to blow.

We use chart analysis to identify points where there is a higher probability of a shift in the balance of probability that leads to a trend change.

Toronto - Dominion is the latest major bank to declare a recession in Canada, saying the «balance of probabilities» has tipped in favour of another quarter - point rate cut next week.

Following the review's publication, Bishop Peter Hancock, the Church of England's lead safeguarding bishop, said: «At the heart of this case was a judgment, on the balance of probabilities, as to whether, in the event that her claim for compensation reached trial, a court would have concluded that Carol was abused by Bishop Bell.

There will be an intensified demand for the kind of apologetic which gives up the notion of religious certainty, and attempts to rally the sporting spirit of our compatriots in favour of a balance of probabilities.

There will be an intensified demand for the kind of apologetic which gives up the notion of religious certainty, and attempt to rally the sporting spirit of our compatriots in favour of a balance of probabilities.

First, faith is an unreserved or total assertion as opposed to a reserved, conditioned, or partial assertion based upon a balance of probabilities.

«22 Faith, understood as an unreserved «yes» as opposed to a balance of probabilities, is consistent with the Reformation view of faith.

[Para 599] «On the basis of the findings which I have made concerning the position in the relevant markets with and without the acquisition, I am satisfied on the balance of probabilities that the proposed acquisition would not be likely to have the effect of substantially lessening competition in any market.

Modify cartel laws so they apply conduct affecting goods or services supplied or acquired in Australian markets and are confined to conduct involving firms who are actual or likely competitors (determined on balance of probabilities)

so let's say on the balance of probabilities we are unlikely to stop Tottenham getting into the Champions League!

The only positive news is that I, at least, now firmly believe that on the balance of probabilities, Wenger will be sacked, no later than next May / June and quite possibly this winter.

The balance of probability seems to me against that, but I don't know.

The ace political number cruncher Robert (now Lord) Hayward tells me: «Unless something substantial changes in the remaining days of the Euro referendum campaign, the balance of probability is that the nation will vote to leave.»

Markets have to take into account the balance of probabilities however, and the Scottish referendum has already proven disruptive enough for party politics that it will cast a long shadow.

On the balance of probabilities, the commissioner found, the designation of Miller's home was wrong.

On the balance of probabilities, these are still good places to look for traces of ancient microbial life.

The worst part is that the CRA only needs to declare a «balance of probabilities» as proof that the TFSA is being used as a business.

It's just a balance of probabilities.

You should stop and ask what the options are and what works — not only on an absolute basis, but on a balance of probabilities.

Ultimately, the CRA can say a taxpayer has broken the rules on a balance of probabilities and it's up to the person to prove otherwise.

In all of these cases, the CRA has only to declare a «balance of probabilities» burden of proof has been met, leaving the onus on the taxpayer to prove that he or she should not be taxed as a business.

As in the recent Minnesota case, Judge Alsup's opinion need not be «independent» nor «technical», it merely has to judge the likelihood on the balance of probabilities which side of the parties before him made the better, more backed up case.

The decision, in some instances, will now enable Tribunals to consider concepts as the precautionary principle — that, based on a balance of probabilities, the risk posed by the proposed project is simply too great.

That compares to just 9.3 % who think that on balance of probabilities, «climate change [does not pose] a very serious and dangerous threat to humanity» (response of 3 --RRB-.

Governments should be honest and base their case for action on what they know — that is, on a balance of probabilities, not on exaggerated certainties.

On a balance of probability it is more likely that the TSI will soon drop back from the recent unusual highs but remaining within the band of 4 Watts per square metre.