Sentences with phrase «of a balance of probabilities»

Care orders are made when the threshold is crossed on a civil standard of a balance of probabilities.

The commissioners argued that the standard of proof was the civil standard of the balance of probabilities.

There will be an intensified demand for the kind of apologetic which gives up the notion of religious certainty, and attempts to rally the sporting spirit of our compatriots in favour of a balance of probabilities.

The standard for proving the gift is the usual civil standard of a balance of probabilities Singh Estate v Shandil 2007 BCCA 303 at paras. 224 - 27

While the Court of Appeal is seized with the duty of re-examining the evidence in order to be satisfied that no such error occurred, it is not, in my view, a part of its function to substitute its assessment of the balance of probability for the findings of the judge who presided at the trial.

The appellate court must not retry a case and must not substitute its views for the views of the trial judge according to what the appellate court thinks the evidence establishes on its view of the balance of probabilities.

The SRA is keen to reduce the standard of proof to that applied in civil cases which is, of course, the lower standard of the balance of probabilities.

There will be an intensified demand for the kind of apologetic which gives up the notion of religious certainty, and attempt to rally the sporting spirit of our compatriots in favour of a balance of probabilities.

Even though the trial judge used the wrong and higher standard of balance of probability, the Court of Appeal still dismissed... Continue reading →

A much more reasonable option is a lawsuit against Taxi driver and taxi company for an act of negligence, which only need be proven to the civil standard of a balance of probabilities.

[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 my opinion, before 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.

Currently, abuse of dominance need only be proven on the civil standard of balance of probabilities.

The test, a reasonable degree of likelihood, falls below the civil standard of the balance of probabilities and even further below the criminal standard of beyond reasonable doubt.