Sentences with phrase «as the trial judge described»

The Court of Appeal was of the view that the prevalence of such behaviour at the employer's workplace did not make it tolerable, rather it showed the extend of the supervisor's dereliction of duty: «A supervisor who permits such an atmosphere as the trial judge describes to develop, and then participates in the exchanges as much as anyone else is a supervisor who is not performing his duties».

The conduct was exactly as the trial judge described — it lacked honesty, lacked good faith, and was not in the best interest of the corporation.»

Not exact matches

A trial judge described it as «a system of organised irresponsibility that was implicitly condoned» (senior managers used removable sticky notes to authorise potentially incriminating documents).

It has proven very difficult for judges and politicians to resist this trend, especially when it comes to horrific crimes such as the Oklahoma City bombing: at McVeigh's trial 38 witnesses described in heartbreaking detail how this event destroyed their lives.

Yet, as we all know, your average case law update spends maybe two paragraphs describing the impact of the ruling and close to 10 or 12 paragraphs setting out the background facts, the arguments by counsel, the findings of the trial judge (with quotes) and the conclusions of any appellate decisions (also with quotes).

[103] Both the trial judge and the parties describe the expectation of privacy as an expectation that the teacher would not breach their relationship of trust by surreptitiously recording them without their consent.

In Rasoul the claim collapsed at trial in what the judge described as «spectacular fashion».

These types of hypothetical fact scenarios, adopted by the Chief Justice from the trial judge, was described in R. v. Lloyd at paras 43 - 44 as ones which would «shock» most Canadians.

The judge who presided over the officers» trial described the situation as «a web of deceit,» adding: «The advice about «Follow the money» just becomes «Follow the lawyers.»»

The judge's order in the case can charitably be described as «blistering» and it makes clear that the decision to order a new trial turned entirely on the internet comments.

In passing: while I was practising in British Columbia, a few years ago, one plaintiff's counsel, in closing submissions to the trial in a case I defending, told the trial judge that Farrant was still good law in BC because it hadn't been specifically described as wrong, on this point, by the SCC; that is, not expressly overruled by the SCC.

Fifth Circuit Judge Patrick E. Higginbotham described the decline of trials as one of the most significant changes in the American judicial system since the nation's founding.

They backed this point up in the New Brunswick trial and the Supreme Court appeal using the Confederation debates of the 1860's, the expert testimony of a Canadian historian on nineteenth - century trade and the intentions of the BNA Act's framers, as well a secret 1924 letter describing a clandestine meeting between judges and politicians that purportedly delegitimized a foundational precedent on section 121.

In confirming the decision of the Motions Judge, the Court of Appeal described the test from Sagaz as a dual inquiry as to whether the new evidence, if presented at trial, would probably have changed the result, and whether the evidence could have been obtained before trial by the exercise of reasonable diligence.

The circumstances were described by the trial judge as follows:

However, the evidence had been described as «important» by the trial judge.

According to Keating, Boyd's case was the first prosecution of this type and was described by the trial judge as being exactly the type of case the law was introduced to deal with.

In support of his allegation of bias, the employee placed emphasis on the trial judge's negative reaction to counsel's failure to bring to the court's attention a decision that questioned a procedural ruling that the trial judge had made earlier; describing his failure to bring the case to the court's attention as «bad advocacy.»

Some time in 2000, during a trial in which the Ontario Securities Commission sought to convict John Felderhof of insider trading and misleading statements in the affairs of Bre - X Minerals Ltd., one of the defence counsel, Joseph Groia, made statements about the (role and) conduct of the prosecutor that were described by Justice Archie Campbell in a subsequent hearing about the trial judge's possible loss of jurisdiction as «unrestrained attacks on [the prosecutor's] professional integrity.»

Were she less polite, prof. Mathen could have described the Supreme Court as delivering a benchslap to the trial judge, at once gratuitous and telling.

As for the Trial Judge's finding that Rutgers failed to reasonably describe the redaction of First Transit's proprietary information, the Appellate Division found the record belied the conclusion.

It is not acceptable for the President to refer to a Federal Court trial judge as a «so - called judge», to describe the judge's decision as terrible (Feb 4), to call a Federal Appeals Court judgment a «disgraceful decision» (February 10) and, most chillingly, to say «Just can not believe a judge would put... [more]

In 1987 I played a peripheral part in what the trial judge, Mr Justice Caulfield, described as «the libel case of the century»: Jeffrey Archer against the Daily Star.

The provincial and territorial trial and appellate judges of Canada, and many commentators, adopted this alternative approach to proof of factual causation with some relish (of many varieties), describing this approach as the Athey material contribution test.

It happens to amount to a criticism of what you've described as «overzealousness» in a sexual assault case but in this instance from the participants in the critical narrative (here the Crown and the trial judge); coupled to an instance of lack of competence, or a perhaps lack of appropriate zealousness, or maybe just diffidence, on the part of defence counsel in complying with defence counsel's obligations under the defence narrative.

Hector was described by the trial judge, HHJ Bartfield, as «the most gentle of creatures».

The trial judge described the wording of RCI's email request as odd and then proceeded to describe some of its features.

Oracle had been attempting to argue that some evidence had been missed from the original trial, but the judge threw this out after describing it as «minor evidence and testimony».

Judge Howard Harrison is one of the Senior Judges on the 15th Judicial District of Florida, described as those judges who ``... are used for lengthy trials or special category cases; educational, professional or personal absence of a presiding judge; vacancies; and cases requiring out - of - circuit judges.&rJudge Howard Harrison is one of the Senior Judges on the 15th Judicial District of Florida, described as those judges who ``... are used for lengthy trials or special category cases; educational, professional or personal absence of a presiding judge; vacancies; and cases requiring out - of - circuit judges.&Judges on the 15th Judicial District of Florida, described as those judges who ``... are used for lengthy trials or special category cases; educational, professional or personal absence of a presiding judge; vacancies; and cases requiring out - of - circuit judges.&judges who ``... are used for lengthy trials or special category cases; educational, professional or personal absence of a presiding judge; vacancies; and cases requiring out - of - circuit judges.&rjudge; vacancies; and cases requiring out - of - circuit judges.&judges.»