Date: Wed, 12 May 2004 10:31:26 -0400

From: Jason Neyers

Subject: Holtby, McGhee

I post on behalf of Jane Stapleton:

Whatever we think of these mesothelioma cases, the evidentiary gap therein is fundamentally different from the facts of Holtby etc

In meso cases just as in McGhee, we don’t know the biological mechanism by which the indivisible disease is produced.

In cumulative dust diseases such as silicosis, pneumoconiosis as well as deafness, we DO know the biological mechanism. This means these cases are not only radically distinguishable from McGhee and Fairchild but that in such cases medical science can provide a rough and ready basis for apportionment. [as I set out in 'Lords a'Leaping Evidentiary Gaps' in the Torts Law Journal]

--
Jason Neyers
January Term Director
Assistant Professor of Law
Faculty of Law
University of Western Ontario
N6A 3K7
(519) 661-2111 x. 88435

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