Balance of Probability

By Gerald

Click on the following link: Regardless of whether it is the WSIB in Ontario or WCB in Alberta, neither of them are in compliance with the Courts. First of all, decisions are supposed to be made on a balance of probabilities, not on medical science as setting the bar based on medical science according to the SCC is far too high, even higher than in criminal law. Relying on epidemiological studies in determining causation is raising the bar far beyond a balance of probabilities which is simply based on common sense and logic.

If for example a person is diagnosed with cancer or any other disease, if there is any cancer causing carcinogens present in the work place, based on a balance of probability, the cancer arose out of and occurred during in the course of employment, pure and simple. That is how workers compensation systems were designed to adjudicate claims. If in fact if WCB wishes to fund double blind studies to prove contrary, then workers should and must be paid interim compensation until such time that it can be proven that the worker’s cancer did not arise out of and occurred during the course of employment.

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