Evaluative findings by a trial judge about a plaintiff's behaviour — being neither purely credibility-based nor purely inferential — may only be disturbed on appeal if other probabilities so outweigh those chosen by the trial judge that his conclusion can be said to be wrong. A contemporaneous psychiatric assessment finding no disorder is powerful evidence against a retrospective diagnosis, and the failure of a Child Guidance Clinic to detect a disorder when examining the plaintiff is fatal to a causation case premised on the proposition that such a clinic would have detected and treated the disorder. The question whether a statutory child welfare body owes a common law duty of care to its wards was left open.
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