Sentences with phrase «causation test analysis»

In other words, the question (under the causation test analysis) is whether it could be said the use or operation of the vehicle was a «direct cause» of the respondent's injuries.

Not exact matches

Accident reconstruction & causation analysis, human factors, occupant dynamics & biomechanics, occupant protection system evaluations (including: seat belts, airbags, and vehicle interior design), time - position - speed & delta - v calculations, airbag tank testing, computer - aided reconstructions & simulations, product defects, accident scene and vehicle damage assessments, transportation issues.

As such, the Court of Appeal could not agree with the Appellants» argument that, in the circumstances of this case, the Trial Judge ought to have relaxed the causation test so as to permit a «common sense» analysis of the issue.

Rouleau J.A. stated: «The «robust and pragmatic» approach is not a distinct test for causation but rather an approach to the analysis of the evidence said to demonstrate the necessary causal connection between the conduct and the injury.

However, the SCC's analysis encouraged lawyers to bring more lawsuits that do not meet the «but for» test, and broadened options to use the «material contribution» test as an easier way to prove causation:

The trial judge's finding that the material contribution test was satisfied can not be reinterpreted as a finding that «but for» causation was established without seriously undermining the important distinction between the two tests and the clarity of the analysis pertaining to causation.

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.