Tagged: standard of proof

Nelson, BC

Nelson (City) v Mowatt : Don’t Apply the Inconsistent Use Doctrine in BC (and Don’t Meddle with the Trial Judge)

In Nelson (City) v Mowatt, 2017 SCC 8 [Mowatt], the Supreme Court of Canada (“SCC”) recently found that the British Columbia Court of Appeal (“BCCA”) erred when it interfered with...

Fraser BC

The Supreme Court of Canada Disagrees with Medical Experts in BC (Workers’ Compensation Appeal Tribunal) v Fraser Health Authority

 “Causation can be inferred⎯even in the face of inconclusive or contrary expert evidence⎯from other evidence, including merely circumstantial evidence.” British Columbia (Workers’ Compensation Appeal Tribunal) v Fraser Health Authority, 2016...