Sentences with phrase «on causation at»

Not exact matches

At Oxford University, Tony Honoré made his name as an expert on causation and moral responsibility in the law.

It would appear that we do not have two different kinds of causation but two ways of speaking about a process, dependent on the speaker's perspective on a particular stage of the event - succession Supposing we are contemporaneous with an electron, we look at its present state in relation to its past, and we say «efficient causation»; if we look at its present state in relation to its future, we say «final causation.»

The correlation study on intelligence is not a causation study but it could point at causation.

Yet on the year they were only 2 minutes less than their opponent's which from a distance doesn't seem to indicate correlation or causation but look at the wins and they do.

It came up at christmas dinner; at one point, the topic of breastfeeding came up, and my spouse's uncle started to say «I know breastfeeding reduces the risk of allergies later» and, expecting him to move on to obesity and IQ and whatever else he was about to say, I just said «No, that's not true», and started trying to explain the difference between correlation and causation, and the difficulties with prospective studies and confounding factors, etc..

While this study, published in the journal Obesity on Monday, also does not prove causation, it provides a revealing look at the details of what changes in the body and what appears to remain stable with less sugar.

Herein we propose a variant of Koch's postulates, aimed at providing a framework to establish causation in microbiome studies, with a particular focus on demonstrating the health - promoting role of the commensal gut microbiota.

Lastly, this may be the most important piece of information on the page: The Unified Theory of Heart Disease, proposed by Linus Pauling and Mathias Rath suggests that subclinical vitamin C deficiency (scurvy), Lipoprotein small (a) and mechanical stress at key arterial sites (such as bifurcations) are the major players in causation of heart disease.

«My Presentation on Climate Change Causation and Geoengineering at Moscow Conference on November 8 Very Interesting New Paper on Astronomical Climatology»

Whether, under principles described in Snell v. Farrell, [1990] 2 S.C.R. 311, it is open for a trier of fact to find causation by drawing an inference based on all the evidence led at trial, notwithstanding the fact that the defence has led some evidence to the contrary.

Torts — Negligence — Medical malpractice — Causation — Trial judge finding respondent obstetrician liable for applicant infant's injuries — Whether, under principles described in Snell v. Farrell, [1990] 2 S.C.R. 311, it is open for a trier of fact to find causation by drawing an inference based on all the evidence led at trial, notwithstanding the fact that the defence has led some evidence to the contrary — Whether, in an informed consent case, the causation issue is decided in accordance with the majority or the minority opinions of the House of Lords in Chester v Afshar, [2005] 1 Causation — Trial judge finding respondent obstetrician liable for applicant infant's injuries — Whether, under principles described in Snell v. Farrell, [1990] 2 S.C.R. 311, it is open for a trier of fact to find causation by drawing an inference based on all the evidence led at trial, notwithstanding the fact that the defence has led some evidence to the contrary — Whether, in an informed consent case, the causation issue is decided in accordance with the majority or the minority opinions of the House of Lords in Chester v Afshar, [2005] 1 causation by drawing an inference based on all the evidence led at trial, notwithstanding the fact that the defence has led some evidence to the contrary — Whether, in an informed consent case, the causation issue is decided in accordance with the majority or the minority opinions of the House of Lords in Chester v Afshar, [2005] 1 causation issue is decided in accordance with the majority or the minority opinions of the House of Lords in Chester v Afshar, [2005] 1 A.C. 134.

Pa personal injury lawyers know the problems with causation at trial when there have been subsequent repairs made on a product, without manufacturer approval.

The plaintiff lost at trial on the issue of medical causation and her lawyer appealed.

f) The trial judge's decision to infer or not infer causation is a finding of fact and attracts deference on appeal: Benhaim at paras. 36, 42.

[Expert evidence was required on causation in a legal malpractice case at summary judgment proceeding.]

At the second trial, the defendant conceded negligence and thought they would move on to the next phase: arguing causation of death and damages.

After noting the circumstances of the injury, one has to examine the claimant to establish current symptoms, note unresolved clinical problems at the time of examination and finally comment on causation using the «but for» test of whether the injury has caused the symptoms and clinical features, any complications, any losses and likelihood of resolution of residual problems.

There's at least a half - dozen, maybe more, cases released since March 2007 in which the lawyers have argued about factual causation, and the judges have written reasons dealing with factual causation issues, not mentioning the SCC's decision in Resurfice v Hanke 2007 SCC 7 and clearly argued and decided based on the case law predating Resurfice.

Barbara MacFarlane spoke on Proving Causation and Damages in late Cancer Diagnosis at the Ontario Trial Lawyers Association webinar on July 26th

Barbara MacFarlane featured on the Ontario Trial Lawyers Association webinar Barbara MacFarlane spoke on Proving Causation and Damages in late Cancer Diagnosis at the Ontario...

Having often obtained an orthopaedic report to rule out there being an organic explanation for the pain, the claims handler then has to second guess whether to instruct a rheumatologist (best suited to fibromyalgia and CRPS claims), a psychiatrist (more appropriate to the psycho - social conditions) or a pain specialist (general able to comment across the piste but sometimes felt to focus too heavily on treatment, at the cost of causation for example).

On the facts of this case, the only «principle of causation» the trial judge needed, assuming he needed it at all given the evidence he accepted, was Snell's «causation need not be determined by scientific precision».

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».

Between late 1996 and early 2007, Canadian tort jurisprudence formally had, at least based on an (ahem) «common sense», grammatical, ordinary, plain etc. etc. reading of Athey, an alternative method for establish factual causation (cause - in - fact) on the balance of probability.

It is a basic principle of the law of negligence that it is not sufficient for a plaintiff to merely demonstrate that a defendant had acted negligently; it must also establish that the defendant's negligence is what caused the plaintiff's injury.8 The onus lies on the plaintiff to establish causation as a probability and it is insufficient to merely demonstrate that the defendant's negligence caused the plaintiff injury.9 The proof of causation is a necessary element of negligence, as «a defendant in an action in negligence is not a wrongdoer at large: he [or she] is a wrongdoer only in respect of the damage which he [or she] actually causes to the plaintiff.

As above, Dr. Winston's opinion is broadly consistent with this at least on the initial causation issue (but he is very skeptical about any ongoing impairment).

An unquantified liability has also been established which remains to be determined by the Tribunal in September 2017, subject to issues of causation, but which the Claimants assess at a figure between USD 26.5 bn and USD 39.8 bn, depending on what payments are made by the KRG before then and various assumptions in relation to the extent of delay and disruption allegedly caused by the KRG's actions.

Mahsa Dabirian is scheduled to speak at the Ontario Trial Lawyers Spring Conference on «Causation - «When The But For Test is Unworkable»

At least one of the negligent persons» conduct was, for law, not a cause not a probable factual cause, at least based on a valid application of the but - for test which we are told, again, is the only approved method of establishing factual causatioAt least one of the negligent persons» conduct was, for law, not a cause not a probable factual cause, at least based on a valid application of the but - for test which we are told, again, is the only approved method of establishing factual causatioat least based on a valid application of the but - for test which we are told, again, is the only approved method of establishing factual causation.

As I've said to others, were I a trial judge who sat on civil trials before Resurfice, I'd not know whether to be bemused or astounded at the suggested that the version of material contribution I applied then — which would have been the Athey version — was NOT a test for proof of factual causation on the balance of probability.

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?

The claimants succeeded at first instance on the preliminary issues of liability and causation.

In Bolitho v Hackney and City Health Authority Bolitho v City and Hackney Health Authority [1997] 4 All ER 771 it was held that ``... a plaintiff can discharge the burden of proof on causation by satisfying the court either that the relevant person would in fact have taken the requisite action (although she would not have been at fault if she had not) or that the proper discharge of the relevant person's duty towards the plaintiff required that she take that action».

For example, a boolean search on resurfice & causation pulls up cases that don't have any version of «resurfice» at all.

I used «aberrations» to describe trial decisions above, because, so far, where the the plaintiff succeeded at trial and the causation issue was decided on Resurfice «material contribution,» and the case was appealed, the appellate courts have set aside that finding and either affirmed the conclusion on the basis of «but - for», or dismissed the action if they did not.

Slatter J.A. noted, at para. 34, that the general test for causation in tort is that a plaintiff must generally establish on a balance of probabilities that the injury would not have occurred but for «the negligence of the defendant»: Fullowka v. Pinkerton's of Canada Ltd., 2010 SCC 5 (CanLII) at para. 93; Resurfice Corp. v. Hanke, 2007 SCC 7 (CanLII) at paras. 21 — 22; Athey v. Leonati, 1996 CanLII 183 (SCC), [1996] 3 S.C.R. 458 at para. 14; and Clements v. Clements, 2012 SCC 32 (CanLII) at paras. 6 — 8.

It's because, due to an unfortunate set of events, May in Vancouver means I'm (once again) scheduled to present a lecture on causation: on Friday, May 5 at UBC, mainly to academic lawyers at the Canadian Law of Obligations 2017: Innovations, Innovators, and the Next 20 Years: http://www.allard.ubc.ca/events/canadian-law-obligations.

And to draw a link between between real - world interactions based on digital interaction is erroneous — just look at the long - running battle for proof of causation between gaming and real - world violence.

The news reports differ on what events are emphasized depending on what coverage you look at (and if you look to John McAfee for causation, you'll note the market drop was all

The news reports differ on what events are emphasized depending on what coverage you look at (and if you look to John McAfee for causation, you'll note the market drop was all because of J.P. Morgan spiking fears about potential government bans).

However, because the duration of the current maternal depressive episode at baseline was correlated with the number of children's internalizing and externalizing symptoms at baseline (Cynthia Ewell - Foster, PhD, et al, unpublished data, December 2005), and the extent of children's improvement following maternal remission depended on the magnitude of improvement in their mothers, reverse causation is not likely to fully account for the association between maternal remission and child improvement.

On the surface, it seems to make perfect sense that there is a causation, or at least a serious correlation.