LAWG 101D2 Lecture Notes - Lecture 23: National Coal Board, Glaisdale
23 Jan 2018
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Ccq 2849 presumptions which are not established by law are left to the discretion of the court which shall take only serious, precise and concordant presumptions into consideration: mcghee v. national coal board cml. Facts: m worked in a place where there was an excessive amount of brick dust. There were no showers at his workplace (contrary to statutory requirements). M got dermatitis, sued, saying that the brick dust/lack of showers caused his dermatitis. However, at that time, the cause of dermatitis was unknown. We don"t know if it is one abrasion or multiple abrasions that cause the disease and thus but-for cannot be proven. The absence of showers increased the risk of dermatitis. Previously fault needed to have a proven material contribution to injury. Mcghee broadens that from material contribution to material increase of the risk that the disease will occur. Causation is not based on logic but a practical way in which the ordinary man"s mind works.
