How does the defence of explanation work when the trial judge draws an inference of negligence?
British Columbia, Canada
The following excerpt is from Dorsett v Sahib, 2018 BCSC 1884 (CanLII):
Where the trial judge does draw an inference of negligence, the defendant can negate the inference through the defence of explanation, as explained in Singleton v. Morris, 2010 BCCA 48 at para. 38:
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