I apologize. The Member is correct that section 92(2)(b) has been in the legislation previously. In fact, it's in the present legislation in section 7(4) and it's a consistent provision throughout workers' compensation legislation throughout Canada. I think I differ with Ms. Lee if she's saying that it only kicks into place when there's a tie. I think that the way I would describe it is that the normal rule, if you're talking about a court proceeding, is you have to prove something on the balance of probabilities and what this section is saying is that if it's equally likely that one set of affairs is possible as opposed to the other, that the worker gets the benefit. So if it's 50/50 as opposed to 51/49, the worker gets the benefit of that. That rule exists all the time throughout any matter where compensation is an issue, which is what this section says. That's the way that's been interpreted throughout Canada.
Mr. Wright on Committee Motion 16-15(6): Amend Clause 65 Of Bill 6, Workers' Compensation Act, Carried
In the Legislative Assembly on August 21st, 2007. See this statement in context.
Committee Motion 16-15(6): Amend Clause 65 Of Bill 6, Workers' Compensation Act, Carried
Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters
August 21st, 2007
Page 488
Wright
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