Sentences with phrase «established on a balance»

[13] To recap, the basic rule of recovery for negligence is that the plaintiff must establish on a balance of probabilities that the defendant caused the plaintiff's injury on the «but for» test.

[29] Regardless of any temporal link, there is simply no medical opinion upon which the Court can rely in this case to establish on a balance of probabilities the necessary causal link between the Accident and Ms. Kabani's rheumatoid arthritis.

[43] Looking at the plaintiff's evidence in light of all of the evidence, I have concluded that the plaintiff has not discharged the burden on her to establish on a balance of probabilities that she was injured in the car accident.

[171] Having found that Cty Rd 9 in Rankins Corner then was in a state of disrepair based on the then existing winter conditions, the onus shifts to the Town to establish on a balance of probabilities that a condition of non-repair existed, notwithstanding all reasonable efforts by the Town: Roycroft v. Kyte, [1999] O.J. No. 296 at para. 48 and Thornhill v. Shadid, supra, at paras. 108 - 109.

They have not established on a balance of probabilities a sufficient connection between their statements and the relation of «pastoral counselling» or religious guidance.

Because the accused has not established on a balance of probabilities Because the accused has not established on a balance of probabilities any sufficient connection between the statement and the relation of pastoral counselling, the third test has not been met.

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.

The result of that, for all practical purposes — it took about a year — was that an «Ivory Snow pure» number of trial judges stopped formally using Athey material contribution to decide whether factual causation was established on the balance of probability.

I find the following facts about the plaintiff's condition have been established on a balance of probabilities.

On appeal, the Court applied the principles set out by the Supreme Court of Canada in Fairmont Hotels and determined that in order to obtain rectification of an instrument, the party seeking rectification must establish on a balance of probabilities that:

[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.

[120] A party seeking to impute income bears the onus of establishing on a balance of probabilities that income should be imputed on a rational and evidentiary basis: Windle v. Windle, 2010 BCSC 18.

Essentially, the party who wishes to have the benefit of a certificate of pending litigation («CPL») must show that he or she has a «reasonable claim to an interest in the land,» a fact that must be established on a balance of probabilities.

Thus, while the application of the wrong test for causation was an error of law, the error stemmed from the trial judge's failure to appreciate that the expert witnesses were unable to state that causation was established on a balance of probabilities.

[95] The plaintiff must establish on a balance of probabilities that the defendant's negligence caused or materially contributed to an injury.

Are we back to a version of the pre-Resurfice situation where (so it was said), to succeed at all, a plaintiff had to get a finding that a defendant's negligence - related causation had been established on the balance of probability, regardless of the test that was used?

After a two - week trial in a medical malpractice claim, the jury found cause - in - fact [factual causation] was established on the balance of probability.

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.

It was the respondent who bore the onus of leading evidence to establish on a balance of probabilities that a proceeding was not appropriate in 2010.

Slatter J.A. noted, at para. 34, that the general test for causation in tort is that a plaintiff must generally establish on a balance of probabilities that the injury would not have occurred but for «the negligence of the defendant»: Fullowka v. Pinkerton's of Canada Ltd., 2010 SCC 5 (CanLII) at para. 93; Resurfice Corp. v. Hanke, 2007 SCC 7 (CanLII) at paras. 21 — 22; Athey v. Leonati, 1996 CanLII 183 (SCC), [1996] 3 S.C.R. 458 at para. 14; and Clements v. Clements, 2012 SCC 32 (CanLII) at paras. 6 — 8.

In an action alleging delay in diagnosis and treatment, such as this one, the plaintiff must establish on a balance of probabilities that the failure to diagnose the anastomotic leak in a timely fashion was a necessary cause of the unfavourable outcome for Jordan.

Not exact matches

A healthy economy relies on a balanced mix of established firms and startups, yet, a longstanding national decline in new business formation threatens this balance.

Whether it's squid on a stick at KFC, lobster cheese - flavoured Lay's chips, tea - flavoured mouthwash from Colgate or stretched - out Beemers, these brands are cashing in by balancing an established image with new or adapted products.

In setting base salaries at higher than pre-financial crisis levels and reducing target and maximum annual incentive compensation opportunities from pre-financial crisis levels, the HRC intended to establish a more balanced relationship between fixed and variable annual compensation to reduce the focus on short - term performance and the potential related risks.

By making on - time minimum payments to all creditors and maintaining account balances below credit limits, a secured credit card combined with responsible financial behavior can help you establish or rebuild your credit history.

In reducing base salaries from 2009 levels (but maintaining them at higher than pre-financial crisis levels), the HRC intended to establish a more balanced relationship between fixed and variable annual compensation to reduce the focus on short - term performance and the potential related risks.

Customers who keep their balance low and make on - time payments gradually establish or reestablish credit.

That is, we must establish a new concept based on a balance between these two ideas, thereby achieving an interpretation of the harmonious relationship that is aspired to between human being and the rest of nature.

Any society in history will need structures which balance enhancement of freedom and self - determination with checks on it by long - established legal and moral traditions of keeping power in the service of order and mutual responsibility, as well as creation of new structures of public morality.

All parents, whatever their religious beliefs and desires, have a daunting agenda: balance careers with childcare, find time for family meals, deal with demanding schools, isolate the young from the easily available violence and pornography on the internet and establish and enforce codes of conduct.

The larger, established, mainline denominations generally held the view that broadcasters should provide time on the air for a balanced presentation of religious views, roughly representing the proportion of various religious groups in the community, even if this required stations to supply the time without charge, and that this was consistent with the understandings reached between Congress and the broadcasters when the allocation of nonprofit stations was defeated.

The Initiative's activities are focused on: Mapping out a course to a stronger, cleaner economy by establishing a 10 - year vision for making Canada a clean growth leader, supported by specific goals, metrics, and policy road maps Bringing together a diverse group of Canadian leaders who provide a balanced, evidence - based voice for implementing this vision Demonstrating...

The important thing in my eyes is that you have strong foundations — both your success with this blog and your book which should put you in a good position to work from freelance and also your established career you were balancing on the sides — knowing that should hopefully calm down that pounding heart of yours a little bit!

In addition, its cleansing effect on the whole body helps to establish a balanced inner ecosystem for optimum health and longevity.

Starting from the defence, Laurent Koscielny and new boy Gabriel Paulista seemed to have established an efficient partnership at the centre, and with Spaniards Nacho Monreal and Hector Bellerin on either side, there seems to be a nice balance in the Arsenal backline.

The bold conclusion that we are a team ready to fight for the title is based on how quickly Arsene Wenger has established a balance between organised, counter-attacking football based on intelligent positioning and quick transitions and our usual possession - based football that breeds confidence and gives the defence time to breath.

On the plus side, I'm more established in my career and therefore, more able to have some flexibility at work and afford childcare and other services to help me find the right balance.

However, if a child wants something relatively expensive such as the latest superstar endorsed sneakers, I think it is appropriate and acceptable for parents to establish a limit on how much they are willing to contribute towards the purchase of the sneakers; if their child still wants the sneakers he or she can use allowance money or money that is earned to fill in the balance.

Once you've established the milk supply, then you've pretty much got what your milk base is going to be, but you can always increase it marginally, You can try pumping a little bit more often, you can try feeding more often, you can try herbal galactogogue, especially ones like Goat's Rue that contain some type of a balancing effect on your hormones.

This well - established exercise focuses on toning your mommy muscles, improving your balance, keeping you limber, bettering your circulation, and educating key breathing techniques.

A document posted on its website explaining the relationship between the two entities notes that ESD's involvement «ensures appropriate checks and balances and establishes transparency and accountability.»

Mortgage Lender Escrow Requirement Exemption — Vote Passed (294 - 129, 8 Not Voting) The House passed the bill that would exempt lenders with assets of $ 10 billion or less from the 2010 financial regulatory overhaul requirement that such lenders establish escrow accounts for the first five years of so - called «high - priced» mortgage loans, if the lenders hold the loan on its own balance sheet for three years after the loan is made.

Subsequent to this judgment, the B&ECPL continued the above established practices for this account and on May 18, 2006 adopted Resolution 2006 - 19, which provided the B&ECPL Director or designee the authority to periodically transfer balances from the Encore Editions bank account to the B&ECPL Trust Account on deposit with the Erie County Comptroller to earn interest until such time as they are needed for the uses identified above.

Saying he is in «full agreement» with Governor - elect Andrew Cuomo about the need to swiftly determine the balance of power in the senate, Chief Judge Jonathan Lippman has established an expedited calendar to ensure that the three cliffhanger races don't drag on into 2011.

But those bonds would be contingent on the state's producing a balanced budget, and the newly established board would have the authority to determine whether the budget meets that requirement.

Being on the team track has also helped me establish a work - life balance that I am happy with, which is admittedly hard to achieve in academic science.

By now, European astronauts had hoped to be established in their space laboratory called Columbus, where they would be melting and solidifying conductive metals, studying microgravity effects on single - celled organisms, investigating human balance disorders, and carrying out dozens of other experiments.

As the Editor - in - chief of npj 2D materials and applications I will strive to keep a balance and select the best papers on «more established» and «new» 2D materials, being reported on for the first time.

Effects of Endogenous Oxytocin Receptor Signaling in Nucleus Tractus Solitarius on Satiation - Mediated Feeding and Thermogenic Control in Male Rats Endocrinology May 29, 2017 Zhi Yi Ong, Diana M. Bongiorno, Mary Ann Hernando, and Harvey J. Grill Oxytocin (OT), a nonapeptide well established for its roles in lactation, anxiety, and social behaviors, is also implicated in energy balance...

He taught me a lot about evolutionary medicine and nutrition in general, opened many doors and introduced me (directly and indirectly) to various players in this field, such as Dr. Boyd Eaton (one of the fathers of evolutionary nutrition), Maelán Fontes from Spain (a current research colleague and close friend), Alejandro Lucia (a Professor and a top researcher in exercise physiology from Spain, with whom I am collaborating), Ben Balzer from Australia (a physician and one of the best minds in evolutionary medicine), Robb Wolf from the US (a biochemist and the best «biohackers I know»), Óscar Picazo and Fernando Mata from Spain (close friends who are working with me at NutriScience), David Furman from Argentina (a top immunologist and expert in chronic inflammation working at Stanford University, with whom I am collaborating), Stephan Guyenet from the US (one of my main references in the obesity field), Lynda Frassetto and Anthony Sebastian (both nephrologists at the University of California San Francisco and experts in acid - base balance), Michael Crawford from the UK (a world renowned expert in DHA and Director of the Institute of Brain Chemistry and Human Nutrition, at the Imperial College London), Marcelo Rogero (a great researcher and Professor of Nutrigenomics at the University of Sao Paulo, Brazil), Sérgio Veloso (a cell biologist from Portugal currently working with me, who has one of the best health blogs I know), Filomena Trindade (a Portuguese physician based in the US who is an expert in functional medicine), Remko Kuipers and Martine Luxwolda (both physicians from the Netherlands, who conducted field research on traditional populations in Tanzania), Gabriel de Carvalho (a pharmacist and renowned nutritionist from Brazil), Alex Vasquez (a physician from the US, who is an expert in functional medicine and Rheumatology), Bodo Melnik (a Professor of Dermatology and expert in Molecular Biology from Germany, with whom I have published papers on milk and mTOR signaling), Johan Frostegård from Sweden (a rheumatologist and Professor at Karolinska Institutet, who has been a pioneer on establishing the role of the immune system in cardiovascular disease), Frits Muskiet (a biochemist and Professor of Pathophysiology from the Netherlands, who, thanks to his incredible encyclopedic knowledge and open - mind, continuously teaches me more than I could imagine and who I consider a mentor), and the Swedish researchers Staffan Lindeberg, Tommy Jönsson and Yvonne Granfeldt, who became close friends and mentors.