Sentences with phrase «case on causation»

He also felt that there was no coherent case on causation.

[85] Athey v. Leonati2 is the leading Canadian case on causation in tort law.

Not exact matches

The Ninth Circuit's holding in First Solar marks its first definitive resolution of the internal conflict in its case law on loss causation.

Or, on the contrary, may the whole phenomenon of regeneration; even in these startling instantaneous examples, possibly be a strictly natural process, divine in its fruits, of course, but in one case more and in another less so, and neither more nor less divine in its mere causation and mechanism than any other process, high or low, of man's interior life?

This sounds more like an observation based on a small number of cases rather than an established trend, and it doesn't say anything about causation.

The problem with the best - practices approach is not entirely that it depends on case studies, but that by avoiding variation in the dependent variable it prevents any scientific identification of causation.

In the real world, similar arguments have also surfaced in the case of pinning cancer causation on tobacco smoking.

Certainly, the converse is not necessarily true, but repeating the «correlation is not causation» mantra as the last line of defence is the M.O. of wilfully ignorant folks (or in this case, paid hacks) who say blitheringly idiotic things like «tides come in, tides go out... nobody knows why» on national television.

Maybe it would be open on the evidence for the trier of fact to make that inference, but it wouldn't amount to a hill of beans, even a campfire's worth, unless the inference was of a necessary connection in which case «substantial» is meaningless, if the issue is factual causation which is clearly what's referred to in para. 10 of Clements.

This post is already too long but, for the sake of completeness, since I've suggested there's a significant problem in the judge's use of «substantial», I'll add a bit more, including a reference to the case that once wasn't quite every Canadian (common law side) judge and civil litigator's favourite case on many aspects of proof of causation and damages.

[34] In Resurfice, this Court summarized the cases as holding that a material contribution approach may be appropriate where it is «impossible» for the plaintiff to prove causation on the «but for» test and where it is clear that the defendant breached its duty of care (acted negligently) in a way that exposed the plaintiff to an unreasonable risk of injury.

Nevertheless, the Court has acknowledged the difficulties of proof that multi-tortfeasor cases may pose — difficulties which in some cases may justify relaxing the requirement of «but for» causation and finding liability on a material contribution to risk approach.

The Fifth Circuit has split with other circuits on how to apply a clause on proximate causation regarding restitution for child pornography cases.

I acted on behalf of the intervener in the recent important Privy Council case of Williams v Bermuda Hospitals Board [2016] which considered the doctrine of «material contribution» in causation.

Torts — Negligence — Medical malpractice — Causation — Trial judge finding respondent obstetrician liable for applicant infant's injuries — Whether, under principles described in Snell v. Farrell, [1990] 2 S.C.R. 311, it is open for a trier of fact to find causation by drawing an inference based on all the evidence led at trial, notwithstanding the fact that the defence has led some evidence to the contrary — Whether, in an informed consent case, the causation issue is decided in accordance with the majority or the minority opinions of the House of Lords in Chester v Afshar, [2005] 1 Causation — Trial judge finding respondent obstetrician liable for applicant infant's injuries — Whether, under principles described in Snell v. Farrell, [1990] 2 S.C.R. 311, it is open for a trier of fact to find causation by drawing an inference based on all the evidence led at trial, notwithstanding the fact that the defence has led some evidence to the contrary — Whether, in an informed consent case, the causation issue is decided in accordance with the majority or the minority opinions of the House of Lords in Chester v Afshar, [2005] 1 causation by drawing an inference based on all the evidence led at trial, notwithstanding the fact that the defence has led some evidence to the contrary — Whether, in an informed consent case, the causation issue is decided in accordance with the majority or the minority opinions of the House of Lords in Chester v Afshar, [2005] 1 causation issue is decided in accordance with the majority or the minority opinions of the House of Lords in Chester v Afshar, [2005] 1 A.C. 134.

Such cases are very difficult based on causation, and the diagnosis of cancer is typically one where you eliminate more benign diagnoses of conditions.

It is unlikely the defendant would invest capital in that line of defence for this case, but it is reasonable to say the plaintiff's burden on causation would be somewhat heavier than in a case where the force of the accident is not really in issue, which weigh in favour of a trial in this court.

Whether your case goes to trial largely depends on issues of liability and causation, if the settlement offer is too low or the demand too high and the respective parties refuse to compromise.

While the main part of the case discussed the usual components of medical malpractice action (standard of care of a physician and causation), it's Canada - wide implication arises from a part of the decision that reviews and clarifies the law on «confidentiality between patient and doctor» in a legal context.

Heavy reliance was placed on the Court of Appeal decision in Reeves v Commissioner of Police for the Metropolis [1999] QB169 in which it was held that causation could be established in a case founded on an illegal act where the alleged illegal act was the «very thing» that the defendant had a duty to prevent.

[Expert evidence was required on causation in a legal malpractice case at summary judgment proceeding.]

However, in any personal injury case, the value will depend on three factors: 1) liability, 2) causation, and 3) damages.

There's at least a half - dozen, maybe more, cases released since March 2007 in which the lawyers have argued about factual causation, and the judges have written reasons dealing with factual causation issues, not mentioning the SCC's decision in Resurfice v Hanke 2007 SCC 7 and clearly argued and decided based on the case law predating Resurfice.

The trial judge dismissed the case on the basis that causation had not been proven and this is the appeal.

Of course, those damages will still be assessed with reference to ordinary principles of law, including causation, foreseeability, remoteness and mitigation and what amounts to payment within a «reasonable time» will depend on a number of factors to be determined on a case by case basis.

On the facts of this case, the only «principle of causation» the trial judge needed, assuming he needed it at all given the evidence he accepted, was Snell's «causation need not be determined by scientific precision».

The hospital was not able to show that there was no evidence upon which a trial judge, acting properly could have found causation established on the balance of probability, so the case was sent back for a new trial, only on the issue of whether the nurses» negligence was a cause of the child's injury.

2016), a Fifth Circuit case regarding the effect of a claimant's credibility (or, more accurately, lack thereof) on establishing causation.

2d Dep» t 2000), which is the most cited case on proving proximate causation in New York State.

Member of team responsible for successfully obtaining dismissal of shipowner defendants in hundreds of asbestos litigation cases pending in multi-district litigation based on lack of personal jurisdiction or lack of causation.

The U.S. Court of Appeals for the Federal Circuit historically has afforded litigants substantial leeway in applying economic theory to establish damages in patent infringement cases, as long as the theories are based on reliable economic evidence and establish direct causation of loss.

[49] As discussed above, the cases consistently hold that scientific precision is not necessary to a conclusion that «but for» causation is established on a balance of probabilities.

We will work with local, national, and even international experts on this topic in order to illustrate a driver's liability in these cases and draw a definitive line of causation between the driver's actions and our clients» injuries.

Whether or not your case settles out of Court of not depends on a variety of factors, including but not limited to liability, damages, causation, pre-accident health, insurance coverage issues, credibility of the Plaintiff, likeability of the Plaintiff and which insurer you are dealing with.

In their submission to Supreme Court case addressing issues of causation and Workers Compensation Appeals Tribunal jurisdiction, IAVGO and ONIWG argue that scientific certainty is not required (and in fact definitive scientific evidence on work - related causation rarely exists).

Upon learning that Freeman intended to disclose an additional or new medical expert witness to offer opinions on the issue of causation, Dr. Crays» lawyers moved to adopt the rulings from the earlier case and bar any testimony of plaintiff's newly disclosed expert opinion pursuant to Illinois Supreme Court Rule 219 (e).

Thus, the Court of Appeal held that the trial judge's findings of fact on causation were made in the absence of evidence, a processing error similar to that in other cases noted above.

To make a ruling on the case, the U.S. Federal Court needed to apply New Mexico state law regarding the necessity of an expert witness to show the causation of an injury.

While Mr. Sacks was left with no compensation and no remedy for his injuries, this decision provides clarity on the application of causation in medical malpractice cases involving multiple defendants.

D. New Mexico, 2014 (Docket No. 11 - CV -784-BRB / RHS), a New Mexico federal court granted the defendants» motions for summary judgment, ruling that the plaintiff's failure to designate an expert witness on the issue of medical causation before an April 17, 2013 deadline required that the case be thrown out.

The Court of Appeal dismissed the appeal on the trial judge's finding of negligence but, as in the above noted cases, held that there was an absence of evidence on causation.

Except in cases where Cook v. Lewis applies (if it still exists) the plaintiff has to prove causation on the balance of probability.

I've not spilled quite as much real ink (online is different) about the recent SCC decision in Resurfice v. Hanke which has one of those «out of the blue» pronouncements of law that had nothing to do with the disposition of the issues in case: the SCC's declaration that fault and increased risk may sometimes be enough to satisfy tort's causation requirement, even though the injured person can not establish, on the balance of probability, that the fault was a (factual) cause of the injury.

MacLean Law's Surrey Vancouver Medical Malpractice Lawyers took note today of the Supreme Court of Canada's newest blockbuster 4:3 decision on causation in medical malpractice cases.

While the Chapman case was on appeal, the remaining plaintiffs in MDL 2051 were granted an opportunity to proffer new experts and any new science in support of their causation theory.

In an odd, «O. Henryish» way, they might have been proven right: but only if it is the case that the SCC is now asserting (see para. 15, and see item 7) that Athey material contribution should never have been understood to be a method of establishing factual causation on the balance of probability

Instead, he preferred to treat the case as one of «remoteness» (corrected by Lord Mance to mean «causation») and to rely instead on the limitations on damages on Addis, thereby either treating these cases as really ones of wrongful dismissal or extending Addis to cover cases analogous to that action.

B Mahendra reports on the recent cases involving elementary faults, conflicts of interest and causation

For example, a boolean search on resurfice & causation pulls up cases that don't have any version of «resurfice» at all.

The EAT allowed their appeals, holding that the correct test for causation in whistleblowing cases was that applying in discrimination cases, namely whether (with the reversal of the burden of proof in the Employment Rights Act 1996, s 48 (2)-RRB- the employer could show that the alleged detriment was «in no sense whatsoever» on the grounds of the protected activity (applying Igen v Wong [2005] EWCA Civ 142, [2005] 3 All ER 812).