If a formula is based on a crystal ball, is it possible to create a formula based solely on a single formula?
British Columbia, Canada
The following excerpt is from Hillman v. Paterson, 1985 CanLII 402 (BC CA):
If I must gaze deeply into the crystal ball, as Dickson J. suggests in Andrews v. Grand & Toy Alta. Ltd., 1978 CanLII 1 (SCC), [1978] 2 S.C.R. 229, [1978] 1 W.W.R. 577 at 594, 3 C.C.L.T. 225, 83 D.L.R. (3d) 452, 19 N.R. 50, 8 A.R. 182, I prefer to do it only once, and to try to arrive at a fair result rather than to attempt to gaze deeply on each of the many factors necessary to create a formula. By gazing only once, I can exercise my best judgment broadly, taking all factors into account, and, arbitrary as it must be, I arrive at a figure in which I have some confidence rather than one which is artificially contrived and in which I have no confidence.
This approach seemed to be supported by authority, for in Keizer v. Hanna, 1978 CanLII 28 (SCC), [1978] 2 S.C.R. 342 at 351, 3 C.C.L.T. 316, 82 D.L.R. (3d) 449, 19 N.R. 209, Dickson J. said:
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the meaning of the term “gazing into a crystal ball” or “an estimate based on prophesies”? (British Columbia, Canada)
Does a formal offer to settle a claim against a plaintiff be apportioned costs based upon division of liability based upon a division of costs based on division of liabilities? (British Columbia, Canada)
What is the test for creating a benefit that singles out a disadvantaged group for inferior treatment or that gives rise to inferior treatment? (British Columbia, Canada)
When considering a long-term mental health case, is it possible for the court to consider a single clinical record? (British Columbia, Canada)
When considering a patient's medical history, is it possible for the court to consider a single clinical record? (British Columbia, Canada)
When there is no trial, can a final judgment based on an affidavit be based on affidavits? (British Columbia, Canada)
Is an expert's opinion based solely on a hypothetical question? (British Columbia, Canada)
Is a Superintendent's Review based upon a written record based upon the Superintendent’s Review? (British Columbia, Canada)
In the absence of evidence or material addressing matters so relevant to the issue before council, is it possible to say that a decision made by the City Council was not based upon or activated by an improper or incorrect assumption? (British Columbia, Canada)
When considering a patient's medical history, is it possible for the medical malpractice review to consider a single file? (British Columbia, Canada)
