Not exact matches
In my view, there is sufficient evidence to
draw an inference,
on a
balance of probabilities, that the applicant's pending time off work for surgery was a factor in the decision to terminate his employment.
[78]... [B] efore
drawing an inference
of causation against the hospital, the trial judge was required to consider the relevant evidence and to make findings,
on the standard
of a
balance of probabilities, eliminating the prospect that the earlier period
of asphyxia was not detectable.
This is because the law requires proof
of causation only
on a
balance of probabilities, whereas scientific or medical experts often require a higher degree
of certainty before
drawing conclusions
on causation (p. 330).