Sentences with phrase «evidence on the balance of probabilities»

The claimant still has to show prima facie evidence on the balance of probabilities.

In November 2015, the majority of the committee found that, despite a lack of evidence on the balance of probabilities, Girouard should be removed from the bench because his implausible testimony suggested a deception.

Sharpe J.A. said that the Court was unable to discern the test for causation applied by the trial judge and held that there was no evidence on a balance of probabilities that, but for the physician's negligence, the Plaintiff would not have lost her leg.

Not exact matches

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.»

Since so far no one has offered even a single shred of evidence, we are a long, long ways from the distinction between «beyond a reaonable doubt» and «on the balance of probability».

On the balance of probabilities alone, the weight of evidence of climate change as being real (Person B) far out - weighs the argument / evidence put forth by person A.

Likewise there may be sufficient evidence of who used the Docusign system to persuade a court on the balance of probabilities.

Although 2 1/2 years have passed since the accident and the plaintiff still complains about neck pain, back pain and limited range of motion, I am not satisfied, on a balance of probabilities, that these subjective complaints are sufficiently supported by any objective evidence of continuing injury.

However, when there is no reasonable prospect that any such evidence could allow the applicant to prove his or her case on a balance of probabilities, the application must be dismissed following the summary hearing.

[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.

[36] There were other aspects of the plaintiff's evidence which were contradictory to other evidence that she gave or inconsistent with evidence that I accepted on a balance of probabilities.

The issue always is, on a balance of probabilities, does the evidence establish that the Plaintiff was injured in the crash?

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.

If the court determines that a provision is ambiguous, then the parties can present extrinsic evidence to support their interpretation and the court decides based on the balance of probability, sometimes deciding ambiguity against the drafter or party with the stronger negotiating position as a rule.

Birmingham U.K. social services have successfully sought a civil injunction (balance of probabilities), to protect vulnerable teenagers in their care from sexual exploitation, where the evidence is unlikely to secure convictions on the criminal standard (beyond a reasonable doubt).

An Ontario trial judge (recently) used expert evidence based on a Bayesian analysis to get the plaintiff's case over the balance of probability threshold in Goodman v. Viljoen, 2011 ONSC 821.

In Her Majesty the Queen v. Robert David Nicholas Bradshaw, the majority of the Supreme Court found that the trial judge had erred in admitting a video re-enactment statement into evidence, as «[t] he Crown failed to establish the threshold reliability of this statement on a balance of probabilities.»

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.

Before a hearing can be held to determine if the test has been satisfied, the accused must show on a balance of probabilities that the evidence he is proposing to admit is capable of meeting the test.

Relying on Delgamuukw v. British Columbia, [1997] 3 S.C.R. 1010, at para. 82 and Canada (Attorney General) v. Fairmont Hotels Inc., 2016 SCC 56 (another decision authored by Brown J.) at para. 36, Brown J. wrote that «the quality of evidence necessary to meet that threshold so as to satisfy a trier of fact of a proposition on a balance of probabilities will depend upon the nature of the claim and of the evidence capable of being adduced.»

That leaves the other evidence including that of Drs. Hashman and Santana, which in our view established, on a balance of probabilities, that the appellant was not criminally responsible due to a mental disorder.

I'm more convinced by the evidence in favour of ABS and don't need to be absolutely certain of the outcome to conclude on a balance of probabilities (the reasonable civil standard), that the way forward does not look anything like the way behind us.

Does the evidence as recounted in the reasons support the conclusion that the negligence was a cause on the balance of probability?

However, the only «principles» that he could have been referring to are (a) those which describe the nature of the evidence that was required for a valid decision on the issue of whether the nurses» negligence was a factual cause and, then, (b) what test to use to decide if the evidence is sufficient on the balance of probability.

[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.

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.

That presumption may be rebutted by evidence of suspicious circumstances, in which case the burden reverts to the party supporting the Will to prove testamentary capacity on the balance of probabilities (Vout v. Hay, SCC 1995).

The evidence required to rebut the presumption is evidence of the parent's intention to make a gift, which must be proved on a balance of probabilities.

The Standard of Proof is the balance of probabilities based on all evidence presented, appropriately weighted in accordance with its credibility, with each case decided on the individual merits and justice of the case.

In light of that medical evidence, WSIAT concluded, on a balance of probabilities, that the worker's OSA was the cause of the workplace accident and, therefore, awarded the employer 100 % cost relief.

The presumption of resulting trust determines the result only where there is insufficient evidence to rebut the presumption on the balance of probabilities — Pecore at paras 20, 222 - 225.

[32] Taking into account the facts that I have found based on the evidence given by the Reilander family and the expert opinions of both Dr. Matishak and Dr. Gittens, I am satisfied that the plaintiff has demonstrated on a balance of probabilities that the motor vehicle accident of July 29, 2006 caused a disc herniation at C5 / 6 on her cervical spine and that disc herniation was the principal cause of her persistent and debilitating cough...

Most rejected refugee claims simply do not include enough evidence to satisfy IRB members on a balance of probabilities that the claimant is queer and faces persecution because of this status.

[44] The court must weigh all of the relevant evidence, both direct and circumstantial, in an attempt to ascertain on a balance of probabilities the transferor's actual intention.

It also leaves the plaintiffs with the burden of leading voluminous evidence in order to prove, at least on a balance of probabilities, the factual basis to support their claims, including proof of Aboriginal Title, associated rights and interest, and the damages allegedly suffered.

In deciding whether a party has proved their claim on a balance of probabilities the judge will consider and weigh all of the admitted evidence.

«Based on the evidence before me, I am not satisfied on a balance of probabilities that you were advised of your right to a second test as required by the Act.»

[21] I am satisfied that the evidence provides, on a balance of probabilities, a causal link between the motor vehicle collision and the lower back condition.

[21] I agree with the principles advanced by Mr. Ostrikoff; however, it remains true that it is for the plaintiff to prove a claim for past loss of earning capacity on a balance of probabilities, and that an award must keep in touch with the evidence before the court.

Unlike a traffic ticket, the evidence must simply prove the allegation on a balance of probabilities.

The court must determine: (i) whether the evidence establishes the employee's deceitful (dishonest) conduct on a balance of probabilities; and (ii) if so, whether the nature and degree of the dishonesty warrant the employee's dismissal.

Having weighed all of the evidence, I am unable to come to any other conclusion on the balance of probabilities other than that the emails were fabricated.

Decisions should be based on the best available evidence and the balance of probabilities standard established under workers» compensation legislation...

The burden of proof on a private access leave application is a lower burden than the civil balance of probabilities (i.e., an private access applicant need only establish sufficient credible evidence of the alleged conduct to lead to a bona fide belief by the Tribunal).

In accordance with this test, a trial judge must instruct the jury to determine: (1) whether the evidence established the employee's deceitful conduct on a balance of probabilities; and (2) if so, whether the nature and degree of the dishonesty warranted dismissal.

I do not think there is any evidence capable of supporting a finding, on the balance of probabilities, that but for the delay in discontinuing Gentamicin between June 30 and July 3, Mr. Van Dyke's ultimate condition would have been better.»

However, in looking at all of the evidence Justice Morgan stated that he could conclude with certainty that the Plaintiff had not proved on a balance of probabilities that the bags were defective and that they caused the spill.

If both shots had hit P, and both hunters were negligent, then it's a question of what the evidence shows on the balance of probability.

The Court decided the trial judge had carefully weighed the evidence as a whole, including the statistical evidence, the evidence specific to the Plaintiff, and the three expert opinions, all of which involved some speculation and held that she made no palpable and overriding error in finding that the plaintiff had failed to establish causation on a balance of probabilities:

Under the principled exception, hearsay can exceptionally be admitted into evidence when the party tendering it demonstrates that the twin criteria of necessity and threshold reliability are met on a balance of probabilities (Khelawon, at para. 47).