Sentences with phrase «views on causation»

Not exact matches

A counter view is possible: that primitivism on the contrary invalidates Modernism by showing it to be derivative and subject to external causation.

[77] Nonetheless, to make a finding of causation based on a robust and pragmatic approach, in my view, it was incumbent on the trial judge to consider and make findings about the evidence relevant to the medical issues.

And, I suppose there's some reason to consider there's some basis for believing the fact that the Ontario Court of Appeal and the British Columbia Court of Appeal seem to have different views on the law regarding causation could be some basis for believing there's something about the law regarding causation that's a wee bit controversial (even accepting that the division of powers structure in the Constitution Act means that that conflict IS constitutional).

[65] In my view, the trial judge's error is found in the chain of inferences that he identifies in the following critical passages of his reasons:... [66] The trial judge's causation analysis hinges on his view that it «is a matter of common sense that the negligence or delay on the part of the defendants allowed the wound to reach a complicated state and lead to rapid unpredictable consequences».

In any event, it seems a safe guess that the Clements analysis will spread to other areas of law which have causation requirements, to the extent permitted by the judiciary's views on the principles governing those other areas.

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.