Sentences with phrase «analyses as trial judges»

(Kansas is an ideal state for such analyses as trial judges face both contested and retention elections, depending on the county in which they sit.)

Not exact matches

The trial judge concluded, based on her analysis of the relevant law, that the other driver was the dominant driver and enjoyed the right of way as she entered the intersection.

Cases of Gregoire & Kumar (ONCA, 2008) referred to below in H.L., [2009] O.J. No. 3572 (SCJ, Hill J): Analysis 25 On the appeal, without the benefit of the June 20 and June 27, 2008 transcripts, the court raised with the parties the propriety of the pre-trial justice presiding as the sentencing trial judge.

As such, the Court of Appeal could not agree with the Appellants» argument that, in the circumstances of this case, the Trial Judge ought to have relaxed the causation test so as to permit a «common sense» analysis of the issuAs such, the Court of Appeal could not agree with the Appellants» argument that, in the circumstances of this case, the Trial Judge ought to have relaxed the causation test so as to permit a «common sense» analysis of the issuas to permit a «common sense» analysis of the issue.

[22] Mr. Rempel submits first that the trial judge erred by adopting into her retroactive spousal support analysis her finding that Mr. Rempel engaged in blameworthy conduct when «[h] e did not make voluntary adjustments or increases... as his income increased...» (at para. 19).

The Appeals Court approved the trial judge's analysis and dismissal of all of the insured's claims, premised on his observation that as used in Massachusetts standard fire insurance policies and G.L. c. 175, § 99, the term «actual cash value» did not import a single standard for determining the value of insured property.

The trial judge's severance ruling was unreasonable as it was the result of a flawed analysis in which he «asked himself the wrong question and thus acted on the wrong principle» (at para. 67).

Moreover, in the eyes of the Appeals Court, the trial judge applied the correct analysis for determining whether just cause had been established, as set out by the Supreme Court of Canada in McKinley v. BC Tel, 2001 SCC 38 (CanLII), [2001] 2 S.C.R. 161, and as later referenced by this court in Dowling v. Ontario (Workplace Safety & Insurance Board)(2004), 2004 CanLII 43692 (ON CA), 246 D.L.R. (4th) 65 (Ont.

The trial judge's finding that the material contribution test was satisfied can not be reinterpreted as a finding that «but for» causation was established without seriously undermining the important distinction between the two tests and the clarity of the analysis pertaining to causation.

Accordingly, the analysis in the opinion provides a roadmap that should be used to answer this important question in the court below as well as in the future and thus the case was remanded back to the trial judge for further disposition.

After careful analysis, the trial judge found in favour of Loyola, holding that the decision of the Minister must be negated as it is both erroneous and unreasonable.

Trial counsel did an admirable job in this case marshalling evidence and responding to Canada's section 1 arguments, but unfortunately as appellants» counsel, we weren't able to convince the Court that an error had been made in the trial judge's section 1 analTrial counsel did an admirable job in this case marshalling evidence and responding to Canada's section 1 arguments, but unfortunately as appellants» counsel, we weren't able to convince the Court that an error had been made in the trial judge's section 1 analtrial judge's section 1 analysis.