Sentences with phrase «flexible civil standard»

In fact, Dalton was often cited as an authority approving of the flexible civil standard, which should not be surprising given some internal logical inconsistencies in the case and Laskin C.J.'s reliance on Bater.

McDougall was not the S.C.C.'s first attempt to abolish the concept of a flexible civil standard or the idea that it had degrees of probability.

In Dalton at p. 171, Laskin C.J. clearly rejected the idea of a flexible civil standard in Canadian law.

Not exact matches

It is interesting to observe at the same time that both the BMA and the Department of Health, who have sponsored the Bill, seem to be labouring under the same misapprehension about the «flexible» application of the civil standard of proof in healthcare regulatory cases, namely that more serious matters will require a higher degree of probability of being true.