Had he done the case would have fallen squarely within the BCCA prohibition against using the Snell robust and pragmatic approach where BOTH parties
lead expert evidence.
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.
At trial the defendant did not
lead expert evidence on this issue.
If so, one can understand why the Crown did not want to
lead expert evidence about how it was done, in order to authenticate what they found as a result.
Specifically, where existing regulations dealing with the storage of ammunition are not relevant, the Crown must
lead expert evidence to establish that the storage of the ammunition was careless.
See, for example, Ediger v. Johnston, 2011 BCCA 253 at para. 84: «where both parties have
led expert evidence on the issues of causation, it is not open to this court to apply the «common sense» reasoning urged in Snell».
The Plaintiff
led expert evidence in support of her case but none of these witnesses were treating physicians.
The defendants
led expert evidence from Dr. Hugh Cameron, also a leading orthopaedic surgeon with expertise in arthritis.
One side
led expert evidence in Clements: the defendant.
And although
leading expert evidence through sequential witnesses may take more court time, to some extent this cost saving is lost by the additional time and cost of preparing experts for the panel presentation and questioning.
However, it could also be said that the plaintiff
led expert evidence, too, because the plaintiff «s lawyer cross-examined the expert and got answers which plaintiff's counsel went on to claim supported the plaintiff's theory of causation.
Not exact matches
«A
leading expert on making decisions and influencing others presents a career's worth of
evidence on why the views you don't want to consider are often the ones you need to hear most,» is Grant's quick description of this book, out March 20.
Democracy depends on a wide range of institutions: political parties; courts, police, and media; non-partisan civil servants and arms - length regulators; and universities with
experts who pursue truth wherever
evidence may
lead.
According to John J. DiIulio of Princeton University, a
leading expert of prisons and punishment, «much
evidence shows that imprisonment reduces crime... The data leave no doubt that the increased use of prisons averted millions of serious crimes [in the 1980s]».
There is no shortage of scholarly
evidence that gratitude
leads to a less stressful and more «happy life,» as the
experts call it.
His off - the - cuff speaking habit
led him to make extreme statements on sensitive subjects (such as nuclear weapons) that alarmed foreign policy
experts, but his partisans viewed such outbursts as
evidence of his authenticity.
Some
evidence leads experts to believe that early screen viewing can delay speech, future reading skills, and short - term memory.
But that
evidence includes my own observations, as I am the world's
leading expert on my own children.
The
evidence outlined in the Series, contributed by some of the
leading experts in the field, leaves no doubt that the decision not to breastfeed has major long - term negative effects on the health, nutrition and development of children and on women's health.»
Barbara Walter, another
leading expert, finds little
evidence that peacekeeping increases the duration of the peace.
In particular we believe oral
evidence sessions before Finance Bill public bill committee, bringing in both
expert witnesses and representatives from groups affected by particular changes, could
lead to better - informed policy - making.
The report — «If you could do one thing...» Nine local actions to reduce health inequalities — brings together
evidence from a wide range of social sciences, and has been
led by a steering group of academic and policy
experts.
«This report is based on the widest available
evidence, collected from the
leading experts in their fields and will hopefully be of use to Labour members and
The scientific
evidence collected by these
experts led to the conviction of nine former Argentine junta members of human rights violations.
A team
led by
experts at Cardiff University has provided new
evidence to explain why deep sea creatures were able to survive the catastrophic asteroid strike that wiped out the dinosaurs 65m years ago.
The best available
evidence, gathered by the world's
leading experts, points us now to a single conclusion: we must act to halt and reverse the unsustainable use of nature — or risk not only the future we want, but even the lives we currently
lead.
«I would argue that there's zero
evidence for that,» says Gerald Dickens, a
leading expert on seafloor hydrates and their role in climate change.
Smith avoids mentioning
expert advice and
evidence that contradicts his assertions about antibiotic resistance, and does not provide access to the detailed and extensive deliberations that
led to approvals of crops having antibiotic markers (Bennett and others 2004.
There's ample
evidence that it's «partly inherited genetically and partly a function of stressful experiences during growth and development that
leads to some pretty significant interference in successful functioning,» though
experts still aren't 100 % sure of the underlying cause, says Dr. Oldham, who chaired the workgroup that developed the American Psychiatric Association's Practice Guideline for the Treatment of Patients With Borderline Personality Disorder.
Leading experts discuss the latest lab protocols,
evidence - based research, pharmacology, dietary interventions and physical medicine techniques for managing small intestine bacterial overgrowth.
World -
leading experts share the
evidence on how frontier, mind - body science can heal chronic complex illness.
About Blog The
leading experts in diet and nutrition for PCOS.Providing
evidence - based nutrition counseling & information you can trust.
The Week Junior, the UK's fastest growing children's subscription magazine, which has had 50,000 subscriptions in two years, and OAT, a
leading Multi-Academy Trust with 34 schools, decided to run the programme in response to growing
evidence, such as
leading child development
expert Dr Jacqueline Harding's research report done in partnership with The Week Junior, showing that explaining and engaging children in learning about current affairs has development pupil benefits.
Feedback from building users The POE analysis followed a rigorous scientific framework for capturing
evidence and was reviewed by
leading academics and industry
experts, but we also wanted to find out whether these issues were felt on the ground by the people using school buildings on a daily basis.
Chetty, a professor at Harvard University, often quoted as the
expert in the interpretation of VAM along with co-researchers Friedman & Rockoff, offers the following two cautions: «First, using VAM for high - stakes evaluation could
lead to unproductive responses such as teaching to the test or cheating; to date, there is insufficient
evidence to assess the importance of this concern.
While recent work
lead by Dr. Dorothy Espelage, an SEL -
expert at the University of Florida, provides promising
evidence that SEL programs can be just as effective for students with disabilities, much work is needed to confirm this research and to translate practical strategies into guides for teachers.
Receive
evidence - informed content
led by
experts, with a clear focus on how educational equality can be improved.
From 2001 to 2005, AppleTree worked with
leading experts in early language and literacy instruction, including Dr. Judy Schickedanz and Dr. David Dickinson, to develop an
evidence - based early learning program.
The website is part of a commitment by Zoetis to deliver clinically relevant,
evidence - based knowledge; insights from
leading dermatology
experts; and easily
The
evidence is cited by the National Science Foundation, and also Dr. Josep - María Gili, a
leading jellyfish
expert, who has studied them at the Institute of Marine Sciences of the Spanish National Research Council in Barcelona for more than 20 years.
Leading climate
experts challenge the UN to provide sound
evidence for their catastrophic forecasts.
The Guidance Note for
Lead Authors of the IPCC Fifth Assessment Report on Consistent Treatment of Uncertainties impose upon the lead authors to assign subjective levels of confidence to their findings: «The AR5 will rely on two metrics for communicating the degree of certainty in key findings: 1 Confidence in the validity of a finding, based on the type, amount, quality, and consistency of evidence (e.g., mechanistic understanding, theory, data, models, expert judgment) and the degree of agreem
Lead Authors of the IPCC Fifth Assessment Report on Consistent Treatment of Uncertainties impose upon the
lead authors to assign subjective levels of confidence to their findings: «The AR5 will rely on two metrics for communicating the degree of certainty in key findings: 1 Confidence in the validity of a finding, based on the type, amount, quality, and consistency of evidence (e.g., mechanistic understanding, theory, data, models, expert judgment) and the degree of agreem
lead authors to assign subjective levels of confidence to their findings: «The AR5 will rely on two metrics for communicating the degree of certainty in key findings: 1 Confidence in the validity of a finding, based on the type, amount, quality, and consistency of
evidence (e.g., mechanistic understanding, theory, data, models,
expert judgment) and the degree of agreement.
There is a big difference between a private company employing a
leading expert, and the IPCC employing a political activist who reviewed and published his own work grey literature (non peer reviewed) which amounted to little more than an advert for his own industry and by doing so helped push the IPCC's political agenda and fill his own bank balance, but also failed to provide any independent scientific
evidence of a way forward.
This is not only frustrating but vitally important, since «the
evidence suggests that understanding the
expert consensus is a «gateway» belief,» writes a research team
led by Edward Maibach and Teresa Myers of George Mason University.
Some of that information was presented to a court in Ontario in July 2011, in which Professor Carl Phillips was one of many knowledgeable
experts who gave
evidence, where the judges found that on the basis of extensive
expert evidence led by the wind industry and the appellants that wind turbines can cause harm to health, but that further research is required.
This generally
leads to more disclosure on the background to the case and
expert evidence required.
First, I wrote in the article that DiscoveryResources.org «may be the
leading e-discovery portal» and that its Sound
Evidence blog, written by e-discovery
expert Mary Mack, is «one of the best known e-discovery blogs.»
Moore Blatch's
leading clinical negligence team has provided
expert written
evidence to the House of Commons Public Accounts Committee for its inquiry into the Cost of Clinical Negligence in Trusts.
Our attorneys regularly partner with
leading scientists, technical
experts and consultants to present the most effective
evidence and strongest legal arguments.
Lawyer Michael R. Arkfeld is a
leading expert on e-discovery and author of the treatise, Arkfeld on Electronic Discovery and
Evidence.