This offer was declined and was fatal to the plaintiff's case
as the trial judge found this to be a failure to mitigate.
The experience of someone who has
served as a trial judge would be a worthy addition to the high court, many believe.
The answer is that prior
service as a trial judge, which should be a prerequisite for being an appellate judge, will now be a detriment.
The amendments created a new condition precedent to voting that did not exist before and this,
as the trial judge rightly concluded, constituted a facial breach of s. 3.
Lawyer Patrick Schmidt, a partner at Thomson Rogers in Toronto, says there would be «outrage» if a civil judge who heard pre-trials said he was going to
sit as a trial judge in the same matter.
As the trial judge described in his reasons, Part 7 of the Regulation provides that ICBC cover payments of certain medical, rehabilitation and wage loss benefits for people injured in motor vehicle accidents, regardless of fault.
As the trial judge pointed out, an action based on a health questionnaire is unusual, if not unheard of, but it could as well have been based on an application form or a CV.
Those are the words I
spoke as a trial judge in 1997 when I sentenced Bobby Bostic to a total of 241 years in prison for his role in two armed robberies he committed when he was just 16 years old.
The appeal was allowed
as the trial judge made an error by failing to provide jury with a proper summary of the evidence, having referred frequently to the claimant's «entitlement» to compensation, without adequate emphasis on the question of legal causation.
Funt's actions were «well intentioned» even if they were outside what he was permitted to
do as a trial judge, says Jeffrey Ray, who represented Bornyk at the Court of Appeal.
was appointed Chief Justice of Ontario in June 2007, following 14
years as a trial judge of the Superior Court of Justice of Ontario.
Absent compelling reasons, a judge who dismisses a motion for summary judgment should seize herself of the
matter as the trial judge.
Since the three justices were all formerly trial court judges, Justice Swan said it is important for lawyers to review the records carefully and point out any potential recusal issues stemming from one of the justices past involvement in a
case as a trial judge.
Jarvis was acquitted at trial,
as the trial judge concluded that the students had a reasonable expectation of privacy, but he was not satisfied beyond a reasonable doubt that the videos were done for a sexual purpose.
It seems like every day there's a new breakthrough in A.I., whether it's a system that consistently renders the same
verdict as trial judges or a computer capable of winning millions of dollars from the world's best poker players.
Today, as Judge Kozinski is sitting
as trial judge by designation in the obscentity trial of «shock artist» Ira Isaacs, reports have emerged that Kozinski himself maintained his own publicly accessible Web site featuring sexually explicit photos and videos.
Having clerked at the District Court level for many years, I agree it is important to have some Justices with
experience as a trial judge.
(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.)
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».
In 1983 Lance was appointed a Justice of the Supreme Court of British Columbia and for the next 10 years
as a trial judge heard all sorts of cases — torts, contracts, administrative law, criminal law, family and commercial.
For example, he has to do all the original legal research himself; there are no comprehensive trial briefs from opposing counsel to guide him like the ones he enjoyed when he sat
as a trial judge deciding motions for summary judgment.
The 10th Circuit judicial council dismissed Mitchell's allegation, finding that Roberts did have a «serious condition that significantly impacts his ability to
perform as a trial judge.»
I do not, however, find it appropriate to rely upon the slightly earlier episode detailed in my Brother STEWART's opinion, ante at 394 U. S. 157,
as the trial judge ruled the uncontradicted supporting testimony inadmissible.
In this particular case Counsel were very fair in indicating that all exhibits were introduced on the basis that they were evidence in the case
so as a trial judge I had to spend more time reviewing records that were not otherwise referred to than one might have hoped.
One suspects that the years Justice Noble
spent as a trial judge provides her an advantage that Justices without that experience don't have.
Osborne says the case is also interesting from the perspective of
damages as the trial judge awarded based on future profits and investment value.
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.»
As the trial judge accepted that there was no restriction on calling lay witnesses, she erred in imposing that restriction respecting witnesses who could comment on the plaintiff's activities during the hiatus in the trial.
As the trial judge stated: «Mr. Richer admitted that the duties he was bound to observe as a professional driver applied on the night of the collision.
«Daubert» challenges are rare and can only be brought at
trial as the trial judge is usually not assigned until just prior to the trial.
The majority of the Court of Appeal found there was no
error as the trial judge, when referring to the evidence, instructed the jury that the evidence «has no relevance to the issues you must decide,» which was effectively telling the jury the evidence had «no probative value.»
Sometimes when I
preside as a trial judge, a police officer will keep looking at me and I know that he's thinking «I know him from somewhere,» but he can't make the connection.
[77]...
As the trial judge found, the appellant failed to prove the truth of many of the underlying statements contained in the blog post, such as the reference to «taqiyya» (deception)....
[20] Although the appeal is from an interlocutory judgment it is,
as the trial judge pointed out, the final word on the questions between the plaintiff and Google.
In regards to domestic law, Bruce has been a part of many community groups and has
served as a trial judge in various high school court competitions since 2001.
Those are the words I
spoke as a trial judge in 1997 when I sentenced Bobby Bostic to a total of 241 years in prison for his