Is there any case law where the trial judge implicitly found that a new replacement tank would not have corroded and failed in 2008?
Ontario, Canada
The following excerpt is from Donleavy v. Ultramar Ltd., 2019 ONCA 687 (CanLII):
In the alternative, if I am wrong in my conclusion that the trial judge implicitly found that a new replacement tank would not have corroded and failed in 2008, which was an inference available to her, then in my view this is a case where the record – the evidence I have just reviewed - is sufficient for this court to draw such inferences and therefore to determine causation: see Martin-Vandenhende v. Myslik, 2015 ONCA 806, 343 O.A.C. 110, at paras. 57-58. Issue 2: Ultramar’s Negligence Based on the Conduct of Its Delivery Person
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