Sentences with phrase «say on the balance of probabilities»

That is, can you say that on a balance of probabilities, the fact alleged occured?

Not exact matches

Following the review's publication, Bishop Peter Hancock, the Church of England's lead safeguarding bishop, said: «At the heart of this case was a judgment, on the balance of probabilities, as to whether, in the event that her claim for compensation reached trial, a court would have concluded that Carol was abused by Bishop Bell.

Ultimately, the CRA can say a taxpayer has broken the rules on a balance of probabilities and it's up to the person to prove otherwise.

«While having debt doesn't automatically put someone in a high - risk category, as balances increase, the probability of having difficulty making payments on time each month increases,» Paperno said.

That said, having read most of the literature on PIOMAS I am confident that the losses of 2010 and 2011 are, on balance of probabilities, real.

Behrouz Amouzgar, Parsi's lawyer and founder of Lexpand PC, says that although they respect the ruling made by Judge Ashby, the fact that the ruling was made on a balance of probabilities means that the court did not conclusively prove that Parsi was the one who made the posts.

Based on the testimony of several witnesses, the court was satisfied on a balance of probabilities that what Dr. Stokes said about Mr. Papp was substantially true.

Sharpe J.A. said that the Court was unable to discern the test for causation applied by the trial judge and held that there was no evidence on a balance of probabilities that, but for the physician's negligence, the Plaintiff would not have lost her leg.

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.

Where the error is said to result from a mistake common to both or all parties to the agreement, rectification of the instrument is available on the court being satisfied on a balance of probabilities that:

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?

If you were in New Zealand (we have reasonably strong consumer protection laws), and you could prove (on the balance of probability) that your doctor said there would be no cost - then he would be liable.

(The Supreme Court of Canada said so, in F.H. v. McDougall, 2008 SCC 53: «There is only one standard of proof in a civil case and that is proof on a balance of probabilities.»

«To succeed in an action for damages, an injured professional footballer would need to show that, on the balance of probabilities, that his opponent would have known that there was a significant risk that if he tackled in the way he did, the other player would be seriously injured,» he says.

It necessarily follows, although the the Supreme Court did not explicitly say this so, that Athey material contribution, whatever it meant before 2007 as a method for establishing factual causation on the balance of probability, is as dead as the proverbial Monty Python Norweigian blue parrot.

We also haven't seen any cases where a judge said that he or she, before Resurfice, would have found the factual causation issue in favour of the plaintiff using Athey material contribution — finding factual causation on the balance of probability — but, as a result of Resurfice, is now required to use the but - for test and, on the facts, must find the plaintiff failed to establish factual causation on the balance of probability.