Not exact matches
This sounds more like an observation based
on a small number of cases
rather than an established trend, and it doesn't say anything about
causation.
Curry is
rather dismissive of the term «Systemic
Causation», accusing it of being «a license to blame anything
on global warming.»
In the complex system we have it seems to me to
rather naive to ascribe
causation based
on movements in two data series alone.
Rather, she held, citing Athey v. Leonati, 1996 CanLII 183 (SCC), [1996] 3 S.C.R. 458, that
causation could be established
on the basis of material contribution to the occurrence of the injury that was greater than de minimis.
Rather,
causation was missing because the minor EIR deficiencies were corrected in the course of an
on - going process — a «limited do - over» (nice catch phrase, no?)
In his other finding
on causation he ruled that even if the sisters had questioned Shaid Luqman about whether the directors» loan account was genuine
rather than turning a blind eye to it, Shaid Luqman as an accomplished liar would easily have been able to convince them of its propriety.
Procedurally, the determination that collateral estoppel applies would usually be made
on a motion for summary judgment, or in the preparation of jury instructions which state that liability has been established and that the jury is to limit itself to determining
causation and damages,
rather than as an evidentiary matter.