Not exact matches
«22 Faith, understood as an unreserved «yes» as opposed to a
balance of probabilities, is consistent with the Reformation
view of faith.
My own
view is that AGW is on the «
balance of probability» the best theory we have.
In my
view, there is sufficient evidence to draw an inference, on a
balance of probabilities, that the applicant's pending time off work for surgery was a factor in the decision to terminate his employment.
That leaves the other evidence including that
of Drs. Hashman and Santana, which in our
view established, on a
balance of probabilities, that the appellant was not criminally responsible due to a mental disorder.
While the Court
of Appeal is seized with the duty
of re-examining the evidence in order to be satisfied that no such error occurred, it is not, in my
view, a part
of its function to substitute its assessment
of the
balance of probability for the findings
of the judge who presided at the trial.
The SCC was, and is, correct in stating that if the ABCA's
view was correct, the Athey material contribution test, as the ABCA understood it, had become the default test for proof
of factual causation on the
balance of probability in negligence actions.