Does res ipsa loquitur apply?

Ontario, Canada


The following excerpt is from Miller v. Cobra Industries Ltd., 2000 CanLII 17003 (ON CA):

The appellants submit that: (1) the trial judge erred in applying res ipsa loquitur in view of the decision in Fontaine v. British Columbia, [1998] 1 S.C.R. 434; and (2) the trial judge erred in finding in fact that the fire was probably caused by pyrolysis due to the particular placement of the plywood bulkhead.

Other Questions


What is the test to be applied on a rule 21 motion? (Ontario, Canada)
Does the functus doctrine apply where a trial judge does not purport to alter a final judgment? (Ontario, Canada)
What is the limitation of time required by the Court of Justice to process, retain counsel and apply for bail? (Ontario, Canada)
What is the test to apply on a status hearing? (Ontario, Canada)
Can a preference of execution creditors be applied in assignment for the benefit of creditors? (Ontario, Canada)
What are the factors that apply when a party seeks to plead to a finding that a party has not followed the 5 factors in its pleading? (Ontario, Canada)
How have the principals of the Rules of Civil Procedure apply to evidence that contradicts the evidence given by the complainants in their cross-examinations? (Ontario, Canada)
How does rule 16 of the Rules of Civil Procedure apply to summary judgment? (Ontario, Canada)
Does subrule 18(14) of the Rules of Civil Procedure apply to an offer to settle? (Ontario, Canada)
Does a voter's intention under section 77(5) of the Rules of Civil Procedure apply to a mark? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.