Sentences with phrase «ordinary common sense rather»

Many modern Canadian lawyers and judges are likely more familiar with Sopinka J.'s admonition in Snell v. Farrell against «abstract metaphysical theory» — the claim that causation is «essentially a practical question of fact which can best be answered by ordinary common sense rather than abstract metaphysical theory.»

Legal causation however need not be determined by scientific precision and is essentially a practical question of fact which can best be answered by ordinary common sense rather than abstract theory.