Tags » Negligence

Proving factual causation: the process of drawing causal inferences

From Russell Brown,* “Cause-in-Fact at the Supreme Court of Canada: Developments in Tort Law in 2012-13″ (2014), 64 S.C.L.R. (2d) 327 at 331

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Biting the hand: the default framework for factual causation in tort in British Columbia

In Simmons v. Yeager Properties Inc., 2014 BCCA 201 (released on May 20, 2014 so on the BCCA website soon after that) Lowry JA ( A. 273 more words


Biting a less dangerous (for me) hand

The trial judge wrote in

Skrepnek v Krochak, 2014 ABQB 358

      Sopinka J. for the Supreme Court in Snell held that factual uncertainty in that case did not automatically defeat the claim but that a “robust and pragmatic approach to the facts” could enable an inference to be drawn even though medical or scientific expertise could not arrive at a definitive conclusion:  Snell at para 22. 

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Biting a hand that might, just a mite, because, well, yes, but not quite

and the “not quite” might result in some lawyer, or even some judge, who ought to, but doesn’t, know better concluding that the “not quite” means that the result of the trial is wrong in law. 2,357 more words


Silly girl

But I was so young, I didn’t even know me…

My first love,
Was a scrawny, insignificant boy,
When it should have,
could have…

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Jaensch v Coffey | High Court of Australia | 20 August 1984

ON 20 AUGUST 1984, the High Court of Australia delivered Jaensch v Coffey HCA 52; (1984) 155 CLR 549 (20 August 1984).


A plaintiff suffered nervous shock when immediately after an accident she saw her injured husband in hospital and was told of the seriousness of his injuries. 454 more words


Securities Arbitration Award Against Detwiler Fenton & Co.

FINRA securities arbitration panel awards over $900,000, including interest and attorneys’ fees, to a customer for claims involving the purchase of RB Acquisition Corp preferred stock .  62 more words

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