Sentences with phrase «apprehension of»

Place the victim or a third person in reasonable apprehension of imminent physical injury to the victim or the third person; or

Where reasonable apprehension of bias has been found, it is often in conjunction with other statements and contextual factors at hand.

Commission scolaire francophone du Yukon no. 23 v. Yukon (Procureure générale), 2014 YKCA 4 There is a publication ban in this case, in the context of a recusal motion based on alleged reasonable apprehension of bias.

Reasonable apprehension of bias has been rejected where the political activity was historic and has since ceased, or where political donations were made prior to appointment.

The RDS case also emphasized at para 114 that whether reasonable apprehension of bias arises depends entirely on the facts of the case.

Indeed an allegation of reasonable apprehension of bias calls into question not simply the personal integrity of the judge, but the integrity of the entire administration of justice.

The Canadian Judicial Council panel's ruling released Aug. 20, states that questioning by the committee's counsel, George Macintosh, of witnesses Michael Sinclair, former managing partner of Douglas» former law firm, and of her husband Jack King, «created a reasonable apprehension of bias on part of members of the committee.»

19 Today, instead of the presumption that a judge who meets with counsel in a pretrial hearing will not handle subsequent substantive matters without the consent of the parties, we have a presumption that such a judge may handle subsequent substantive matters without consent unless there is a real apprehension of bias.

No apprehension of bias arising from complainant and counsel statements to the media: The College submitted a reasonable apprehension arose from comments by the complainants and their legal counsel to the news media about government efforts to thwart the hearing of the complaint.

28 On the totality of the record, including the position of the defence at the earlier court appearances as now evident from the additional transcripts, there is no reasonable apprehension of bias or prejudice to the appellant as a result of Andre J. presiding at the pre-trial and the sentencing hearing.

[85] This matter was considered by the Court of Appeal in USA v. Philip Morris Inc. [86] In summary, it is not sufficient if there is simply a general apprehension of future litigation.

California law requires that the person making the threat (a) intend for it to be taken as a threat and (b) put victims in reasonable apprehension of fear.

The Court of Appeal dealt with it on the basis of reasonable apprehension of bias principles.

Reasonable Apprehension of Fear: In order to be convicted for making criminal threats, your statement must make the victim fearful for his or her safety, or the safety of an immediate family member.

Situations where reasonable apprehension of bias may be found include...

Instead of the presumption that some other judge will conduct the trial we now have the presumption that the judge may conduct the trial unless the defence is able to establish: (1) that there was a free and frank discussion of all aspects of the case including the possibility of a plea of guilty, or (2) that there are some other facts which give rise to a reasonable apprehension of bias.

on Ontario Court Of Appeal: Reasonable Apprehension Of Conflict Forces Insurer To Relinquish Control Of Defence

[3] To that end, Justice Laskin recognized that while «not every potential conflict... requires the insurer to yield the right to control the defence», an insurer is required to yield where there is «a reasonable apprehension of conflict».

There are two types of bias that can invalidate a decision: material interest and reasonable apprehension of bias.

Taken individually, the various adverse findings and criticisms would not be able to withstand appellate review, but they would not necessarily lead to a reasonable apprehension of bias.

Groia is seeking to have Wardle recused from that panel because as Canadian Lawyer reports, ««There is a reasonable apprehension of bias arising from the fact that partners and associates at Mr. Wardle's firm, Wardle Daley Bernstein LLP, regularly represent the Ontario Securities Commission as prosecutors and are closely involved in proceedings at the OSC and that Wardle LLP also regularly represents the Law Society of Upper Canada as prosecutors in discipline proceedings,» wrote Groia's counsel, Earl Cherniak, in a June 5 notice of motion.....

Defendants can not pretend now that their notices to Lee were «just kidding,» or that Lee lacked any reasonable apprehension of liability.»

Chapman wanted to be named a necessary respondent to the application from Douglas seeking a review of the inquiry committee's decision not to step down after Douglas» counsel tried to disqualify the committee over alleged apprehension of bias.

Intentionally putting another person in reasonable apprehension of an imminent harmful or offensive contact.

If it isn't, how many «reasonable apprehension of bias» recusal requests will follow?

The fine - grained details are pretty complex, and can't be accurately summarized in a single sentence: but, your definitions of assault and battery are close enough, except that assault isn't an attempt, it is a successful act with the intent to cause harmful or offensive contact, or imminent apprehension of same.

The «reasonable apprehension of bias» test for judicial disqualification has been a fixture of Canadian law for many years, at a minimum since its formulation in... [more]

For me, by far the most intriguing story in the Review involved The Legal Reader's possible role in the apprehension of Darren Mack, a family court litigant accused of murdering his wife and shooting the judge assigned to his case.

Bauman said lawyers for the B.C. and Canadian governments had demonstrated «a very strong basis for a reasoned apprehension of harm to many in our society inherent in the practice of polygamy.»

The Guarantee Company of North America1 is an application of the test for reasonable apprehension of a conflict of interest in the context of insurer appointed defence counsel.

Cruelty requires a spouse to establish that there was at least a reasonable apprehension of bodily harm.

In other words, he has accused her of intentionally causing him to experience a reasonable apprehension of impending violence.

Moreover, a perfectly reasonable apprehension of danger may arise long before the officer is possessed of adequate information to justify taking a person into custody for

The Court of Appeal applied the test as established in its recent decision of Hoang v. Vicentini2 to determine whether there was a reasonable apprehension of conflict of interest on the part of counsel appointed by the insurer:

The Court of Appeal held that in this case, there was a reasonable apprehension of a conflict between the interests of Reeb and RSA, which precluded the Court from ruling on the merits of the appeal.

Fault for a divorce in Virginia may be attributable to adultery, felony conviction and imprisonment, cruelty or reasonable apprehension of physical harm, or abandonment and desertion.

If a person has been the victim of physical harm or there is a reasonable apprehension of physical harm, he or she likely has grounds to seek a protective order.

In determining the value of these damages, consideration must be given to numerous factors, including the degree of consciousness of the decedent following the accident, the severity and duration of the pain and suffering experienced by the victim, and the degree of apprehension of impending death.

The Court of Appeal found that at least a reasonable apprehension of bias existed.

Nevertheless, the arguments are frequently crunched through, probably because of an important Illinois Supreme Court ruling from 1990 which is still good law, Rollins v. Ellwood, involving claims brought against a Baltimore police officer, among others, sounding in intentional tort for his role in the apprehension of a misidentified criminal defendant and Illinois resident in Illinois, for which the Court found the officer was not subject to Illinois jurisdiction.

The reasonable apprehension of bias could not be validated by the later decision of the tribunal.

However, the court found that the professional relationship between the arbitrator and the expert on a number of similar franchise disputes did give rise to a reasonable apprehension of bias.

A finding of reasonable apprehension of bias in these circumstances may make it more difficult for future arbitrator - practitioners in specialized areas.

Ripley filed an application for Stroud's removal before the Supreme Court and argued at the hearing last month in Sydney that viewed collectively Stroud's comments amounted to a reasonable apprehension of bias.

A reasonable apprehension of bias, especially if litigation has a religious / anti-religious component, is usually sufficient.

He further submitted that the judge erred in finding that there was a reasonable apprehension of harm based on the evidence.

In her 21 - page decision yesterday removing Stroud, Justice Cindy Bourgeois noted: «The comments would certainly contribute to a reasonable person concluding there was a reasonable apprehension of bias, and that the provincial court judge's mind was not «perfectly open'to the positions of both parties.»

It ruled Stroud had showed a «reasonable apprehension of bias» in favour of one of the parties.

The issue in Jacob Securities Inc. v Typhoon Capital B.V., was whether an arbitrator's failure to disclose a potential conflict of interest involving his former law firm gave rise to justifiable doubts as to his independence or impartiality and a reasonable apprehension of bias.

Alarming: Exciting, or calculated to excite, alarm; causing apprehension of danger; as, an alarming crisis or report.