Not exact matches
[I
find the questions about the advertisement interesting, because there are no questions about whether it provides
sufficient scientific and
factual information, and whether the references are clear (actually, it does not give any references).
This
factual difference from earlier cases where social engineering was used to deceive an authorized user to make a mistaken but authorized transfer was
sufficient for the Medidata court to
find coverage.
Some people, perhaps even some judges, at least those outside of British Columbia, might now
find the suggestion that «materially contributed» contributed under Athey is
sufficient for proof of
factual causation under the balance of probability, if that's what the trial judge meant, controversial.
Older hands might
find that surprising (or not) because the Athey passage was commonly cited before Resurfice by judges looking to explain why the seemingly minor negligence of defendant (usually with
sufficient assets, though that point isn't mentioned) was held to be a
factual cause of a plaintiff's serious injury.
There is now a limited category of case in which Canadian common law doctrine holds that a
finding of fact that there is a possibility of
factual causation is
sufficient for that aspect of the causation requirement.