Sentences with phrase «found on a balance of probabilities»

[139] I find on a balance of probabilities that the main cause of the plaintiff's current condition, including the myoclonus, is conversion disorder.

In this case, the Court found on a balance of probabilities that the statements had not been made maliciously.

«Given the evidence, I find that on a balance of probabilities you did not have care and control.

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.»

On the balance of probabilities, the commissioner found, the designation of Miller's home was wrong.

We investigated whether attending an undergraduate Historically Black College or University had an impact on R01 award probability compared with the balance of the Ph.D. researcher sample and we found no statistically significant relationship.

Pages of Download Grade 2 Practice Sheets: 1 - Cover 2 - For the Teacher 3 - 6 - Measurement Length 7 - 11 - Measurement Height 12 - 15 - Place Value 16 - 20 - Ordinal Numbers 21 - 25 - Smallest / Largest Number in a set of numbers 26 - 29 - Greater than 30 - 33 - Less than 34 - 36 - Greater than / Less than 37 - 39 - Add or subtract write the sign in the blank 40 - 45 - Adding using place value (example: 4 + 13 + 5) 46 - 51 - Adding with words - Example - what is 150 more than 200 52 - 55 - Skip Counting 56 - 59 - Skip Counting - Missing Numbers on a Number line 60 - 65 - Reading Graphs 65 - 71 - Solving Word Problems 72 - 76 - Time 77 - 83 - Coin Identification and Coin counting 84 - 88 - Counting Dollars and coins 89 - 92 - Geometry 93 - 96 - Fractions 97 - 115 - Answer Keys 116 - 118 - Terms of Use and Credits Pages of Download Grade 3 Practice Sheets: 1 - Cover 2 - For the Teacher 3 - 6 - Measurement Length 7 - 11 - Measurement Height 12 - 19 - Place Value 20 - 24 - Find the smallest / largest number from a set of numbers 25 - 28 - Number Words 29 - 32 - Skip Counting - complete the sequence 33 - 37 - Counting dollars and coins 38 - 48 - Reading thermometers - temperature 49 - 53 - Reading graphs 54 - 57 - Reading Calendars 58 - 62 - Numerators and Denominators 63 - 67 - Fraction Circles 68 - 72 - Fractions of a solid 73 - 78 - Word Problems 79 - 83 - Data Tables 84 - 88 - Multi-Step Word Problems 89 - 92 - Rounding to the nearest ten 93 - 96 - Rounding to the nearest hundred 97 - 100 - Rounding word problems 101 - 103 - Probability 104 - 107 - Geometry - identifying shapes 108 - 110 - Height of a triangle 111 - 113 - Angles identifying right, acute, and obtuse 114 - 117 - Symmetry and Angles 118 - 121 - Perimeter 122 - 125 - Area 126 - 129 - Elapsed Time 130 - 155 - Answer Keys 156 - 158 - Credits and Terms of Use Pages of Download Grade 4 practice sheets: 1 - Cover 2 - For the Teacher 3 - 6 - Measurement Length 7 - 11 - Patterns 12 - 15 - Parallel and Perpendicular Lines 16 - 26 - Reading Temperature 27 - 31 - Reading Graphs 32 - 36 - Coordinate Graphs 37 - 41 - Skip Counting - complete the sequence 42 - 46 - Place Value 47 - 50 - Number Words 51 - 55 - Powers of 10 56 - 60 - Adding using Place Value 61 - 70 - Fractions 71 - 75 - Fraction Word Problems 76 - 80 - Convert Fractions to Decimals 81 - 85 - Convert Decimals to Fractions 86 - 90 - Height of a figure 91 - 95 - Missing Number in an equation 96 - 100 - Balancing Equations 101 - 105 - Data Tables - ordering numbers 106 - 110 - Data Table Addition 111 - 115 - Data Table Time 116 - 120 - Data Table Subtraction 121 - 125 - Estimation Word Problems 126 - 130 - Ratio Word Problems 131 - 134 - Probability 135 - 140 - Spinner Probability 141 - 145 - Arrays 146 - 173 - Answer Keys 174 - 177 - Credits and Terms of Use Pages of Download Grade 5 Sheets: 1 - Cover 2 - For the Teacher 3 - 7 - Units of Measure 8 - 12 - Reading Graphs 13 - 17 - Number Words 18 - 22 - Place Value 23 - 27 - Decimal Place Value 28 - 32 - Rounding Numbers 33 - 37 - Complete the sequence, skip counting 38 - 42 - Solving Equations 43 - 47 - Variable Equations 48 - 52 - Simplify Expressions 53 - 57 - Finding the Mean 58 - 62 - Mean, Median, Mode 63 - 67 - Greatest Common Factor 68 - 72 - Fractions 73 - 77 - Comparing a set of Fractions 78 - 83 - Comparing Multiple Fractions 84 - 93 - Fraction Word Problems 94 - 98 - Estimating / Estimation Word Problems 99 - 103 - Possible Outcome Problems 104 - 108 - Distance Word Problems 109 - 113 - Division Word Problems 114 - 118 - Ratio Word Problems 119 - 124 - Coordinate Graphs 125 - 130 - Perimeter 131 - 135 - Area 136 - 145 Elapsed Time Clocks and Watches 146 - 171 - Answer Keys 172 - 175 - Credits and Terms of Use

At the same time, the randomness of items you find in Question Blocks on the maps feels more balanced, despite the person in last place getting higher probabilities of better items.

(2) Exceptionally, a plaintiff may succeed by showing that the defendant's conduct materially contributed to risk of the plaintiff's injury, where (a) the plaintiff has established that her loss would not have occurred «but for» the negligence of two or more tortfeasors, each possibly in fact responsible for the loss; and (b) the plaintiff, through no fault of her own, is unable to show that any one of the possible tortfeasors in fact was the necessary or «but for» cause of her injury, because each can point to one another as the possible «but for» cause of the injury, defeating a finding of causation on a balance of probabilities against anyone.

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.

Standard of Proof: In a civil proceeding a judge must find the defendant guilty on a «balance of probabilities».

The outcome of the trial was that the Judge found that the defendant had on the balance of probability been in the wrong lane and cut across into our client's correctly proceeding vehicle.

The Act applies in personal injury cases where the court finds that the claimant is entitled to damages but, upon an application by the defendant, the court is satisfied, on the balance of probabilities, that the claimant has been «fundamentally dishonest» in relation to the primary claim or a related claim.

Under CPR 44.16, costs can be recovered from a claimant with the permission of the court where the claim is found, on the balance of probabilities, to be «fundamentally dishonest».

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.»

Ok, so first of all, a person can be found to have committed the tort of sexual assault in a civil proceeding based on a different burden of proof than that in criminal proceedings: a balance of probabilities.

[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.

Justice Schrenk found that in these circumstances, he was not persuaded on a balance of probabilities that Mr. Mali was held in violation of his Charter rights.

In these circumstances, I find that Ms. Connolly has not proved on a balance of probabilities that the disc protrusion and annular tear were caused by the accident.»

The judge found the steps he took insufficient to establish that, on a balance of probabilities, he had suffered a business loss.

The reasons of Madam Justice Stewart depend on the presence of a crime, but there is a serious question as to whether this can be taken as having been established by a finding that is based on the civil standard (balance of probabilities) as opposed to the criminal standard (beyond a reasonable doubt).

[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.

In Fisher v. Victoria Hospital, [1] the first trial in this action, the trial judge found the hospital's nurses negligent and that negligence a but - for cause of the infant's injuries on the balance of probability.

I found it a lot more difficult to establish, on a balance of probabilities, the age of the respondent husband.

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.

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

[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...

The judge may find that you have only proven part of your case «on a balance of probabilities» and only award you partial compensation.

The judge may find that you have not proven your claim at all «on a balance of probabilities» and dismiss the case.

For the judge to find in your favour, you must be found to have proven your case «on a balance of probabilities.»

For the Court of Appeal, the Application Judge's finding — on a balance of probabilities — that Mr. Bourgeois was acting as a cash courier was based on factors beyond the mere discovery of the money.

I find that the applicant has not demonstrated on a balance of probabilities that the respondents breached her Code rights when she was removed as a signing officer and when she was removed as a board president or that she experienced harassment on the basis of her age in this service.

[107] I find that Ms. Khosa, on a balance of probabilities, is and has been impaired largely due to psychological injuries caused by the accident.

If the plaintiff is not able to prove on the balance of probabilities that a constructive dismissed has occurred, he or she will be found to have resigned.

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.»

It stipulates that costs orders against claimants may be enforced to their full extent where the court finds, on the balance of probabilities, that the claim was «fundamentally dishonest».

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:

[70] On a balance of probabilities, I find that Ms. Harmati's present disability, both physical and psychological, is a result of the accident.

Consider, for example, a case where the Crown proves the basic facts required for by s. 753 (1.1) beyond a reasonable doubt, and where the accused, in response, presented evidence that did not disprove on a balance of probabilities that the required criteria of a dangerous offender finding under s. 753 (1) were met.

Although as Andrew Smith J found, solicitors will not be found to have been negligent if their advice steps outside a permissible range, once they do, the client will be in a position to claim substantial damages if it can prove on the balance of probabilities that it would have acted differently had it received advice within the permissible range.

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?

However, a judge might simply dismiss a claim as not proved on the balance of probabilities without finding that the allegation of fraud was made out; the legal burden remained on each claimant to prove their case.

is unable to show that any one of the possible tortfeasors in fact was the necessary or «but for» cause of her injury, because each can point to one another as the possible «but for» cause of the injury, defeating a finding of causation on a balance of probabilities against anyone.

Resurfice material contribution, if applied, does not produce a finding of factual causation on the balance of probability.

In the civil courts, of course, such finding will be on a balance of probabilities, and the gathering of evidence should be sufficiently full to support the weight of the evidential burden.

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.

We also haven't seen any cases where a judge said that he or she, before Resurfice, would have found the factual causation issue in favour of the plaintiff using Athey material contribution — finding factual causation on the balance of probability — but, as a result of Resurfice, is now required to use the but - for test and, on the facts, must find the plaintiff failed to establish factual causation on the balance of probability.

On the basis of the fresh evidence, the Court of Appeal found that on a balance of probabilities, the three children would suffer serious harm if now ordered to return to Nigeria to await a custody and access determination in the Nigerian courtOn the basis of the fresh evidence, the Court of Appeal found that on a balance of probabilities, the three children would suffer serious harm if now ordered to return to Nigeria to await a custody and access determination in the Nigerian courton a balance of probabilities, the three children would suffer serious harm if now ordered to return to Nigeria to await a custody and access determination in the Nigerian courts.