Sentences with phrase «factual causation just»

And, it's at least plausible that some judges of the Supreme Court of Canada (even some in Ontario and elsewhere) might find the suggestion that Athey material contribution was never a separate test for proof of factual causation just a wee bit controversial.

Not exact matches

(At least so long as we're speaking just about factual causation, and not remoteness aka factual cause.)

As the SCC just repeated in R. v. Maybin, 2012 SCC 24 at para. 16: «Legal causation, however, is a narrowing concept which funnels a wider range of factual causes into those which are sufficiently connected to a harm to warrant legal responsibility.»

There are BCCA decisions which suggest that where the parties have lead expert evidence on the issue of factual causation — certainly where both sides do, perhaps even where just one side «leads» the evidence, the robust and pragmatic approach can not be used.