What is considered speculation when it comes to drawing inferences from the record?

Ontario, Canada


The following excerpt is from JE and KE v. Children’s Aid Society of the Niagara Region, 2020 ONSC 4239 (CanLII):

There is a legal distinction between speculation and drawing inferences from the circumstantial and direct evidence on the record. The trier of fact is permitted to do the latter, but not the former. In this context, “speculation” is the drawing of an inference in the absence of any evidence to support that inference or in situations where the inference is unreasonable - for example, where the inference does not logically and rationally follow from the proven fact. Drawing inferences based on an “educated guess” is speculation. If the inference drawn is reasonable, however, a reviewing court should not intervene just because other inferences (even arguably better inferences) could also have been drawn, see, for example, Walton v. Alberta (Securities Commission), 2014 ABCA 273 at paras. 26-27.

Other Questions


In assessing the evidentiary record, does the court have to consider a very low threshold and limits of the record? (Ontario, Canada)
In determining if a court order is necessary to protect a child in the future, can the court consider protection concerns other than that that resulted in the child coming into care? (Ontario, Canada)
Are unaudited monthly financial statements or similar interim financial reports reviewed by the board of a condominium corporation considered core records? (Ontario, Canada)
What is the impact of recording a teacher recording a child's behaviour? (Ontario, Canada)
What is the test for drawing an adverse inference by reason of a party's failure to call a witness? (Ontario, Canada)
What is the legal test for making a reasonable inference or inference in the committal of an accused? (Ontario, Canada)
What is the test for obtaining medical records and sexual activity records in a sexual assault case? (Ontario, Canada)
Is a tape recording of testimony before a superior court of criminal jurisdiction a protected record? (Ontario, Canada)
In what circumstances will a court draw an inference of causation? (Ontario, Canada)
What is the test for drawing an inference of causation in a medical malpractice case? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.