Sentences with phrase «as the trial judge pointed»

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.

Not exact matches

/ ~ pion dog or bitch in the United States, The only restriction on contestants for ~ the title being that they must have previously placed first, second, third or fourth during the calendar year, in a Trial for the breed in this country where championship points are awarded, It is the purpose of this Trial to determine the best Springer of the year under the usual and customary trial procedures» but «covering more trial days and more series per dog, in order that consist ant, outstanding, dog work over the entire trial may be demonstrated and the element of luck eliminated as nearly as possible in the final judging of all contestants, Thus no trick or unusual tests WIll be allowed and the dogs will be tested in a manner approximating a rough days, shoot adjoining water as closely as is possible with planted game, There will be a minimum of five land series and two water series and the winning and placing dogs will be required to complete all series to receive an award, The trophy for the best amateur handler in the trials will be awarded only in the event that the recipient is able = to complete all series required of the winning and placing Trial for the breed in this country where championship points are awarded, It is the purpose of this Trial to determine the best Springer of the year under the usual and customary trial procedures» but «covering more trial days and more series per dog, in order that consist ant, outstanding, dog work over the entire trial may be demonstrated and the element of luck eliminated as nearly as possible in the final judging of all contestants, Thus no trick or unusual tests WIll be allowed and the dogs will be tested in a manner approximating a rough days, shoot adjoining water as closely as is possible with planted game, There will be a minimum of five land series and two water series and the winning and placing dogs will be required to complete all series to receive an award, The trophy for the best amateur handler in the trials will be awarded only in the event that the recipient is able = to complete all series required of the winning and placing Trial to determine the best Springer of the year under the usual and customary trial procedures» but «covering more trial days and more series per dog, in order that consist ant, outstanding, dog work over the entire trial may be demonstrated and the element of luck eliminated as nearly as possible in the final judging of all contestants, Thus no trick or unusual tests WIll be allowed and the dogs will be tested in a manner approximating a rough days, shoot adjoining water as closely as is possible with planted game, There will be a minimum of five land series and two water series and the winning and placing dogs will be required to complete all series to receive an award, The trophy for the best amateur handler in the trials will be awarded only in the event that the recipient is able = to complete all series required of the winning and placing trial procedures» but «covering more trial days and more series per dog, in order that consist ant, outstanding, dog work over the entire trial may be demonstrated and the element of luck eliminated as nearly as possible in the final judging of all contestants, Thus no trick or unusual tests WIll be allowed and the dogs will be tested in a manner approximating a rough days, shoot adjoining water as closely as is possible with planted game, There will be a minimum of five land series and two water series and the winning and placing dogs will be required to complete all series to receive an award, The trophy for the best amateur handler in the trials will be awarded only in the event that the recipient is able = to complete all series required of the winning and placing trial days and more series per dog, in order that consist ant, outstanding, dog work over the entire trial may be demonstrated and the element of luck eliminated as nearly as possible in the final judging of all contestants, Thus no trick or unusual tests WIll be allowed and the dogs will be tested in a manner approximating a rough days, shoot adjoining water as closely as is possible with planted game, There will be a minimum of five land series and two water series and the winning and placing dogs will be required to complete all series to receive an award, The trophy for the best amateur handler in the trials will be awarded only in the event that the recipient is able = to complete all series required of the winning and placing trial may be demonstrated and the element of luck eliminated as nearly as possible in the final judging of all contestants, Thus no trick or unusual tests WIll be allowed and the dogs will be tested in a manner approximating a rough days, shoot adjoining water as closely as is possible with planted game, There will be a minimum of five land series and two water series and the winning and placing dogs will be required to complete all series to receive an award, The trophy for the best amateur handler in the trials will be awarded only in the event that the recipient is able = to complete all series required of the winning and placing dogs.

As you drive, the points at which these tracks converge could see you heading off onto a different section of track, and without a mini-map in the corner this makes judging braking points and setting up racing lines near impossible with trial and error.

In any event, and much more fundamentally and as discussed above, the trial judge's assessment of this point is based on an error — a failure to understand or consider the nature of the Zurich policy.

When I began my own career as a district court judge, I made it a point to meet with every jury in any case I tried so that I could answer their questions and get their impressions on the trial process and their role as a jury.

However, the Judge pointed out that that situation was already contemplated and dealt with in the form of licence which Mr Justice Birss had determined following the Unwired Planet trial, and which had been adopted by Conversant Wireless as part of their FRAND offers.

In the case of R. v. Downey, the trial judge found that the accused's suspicion had been aroused to the point that there was a need for inquiry, but she deliberately did not inquire so as not to learn the truth.

In light of this brief summary, and paraphrasing Justice Fish's point from Krieger, one could perhaps say that jurors have the responsibility as a matter of right to assess evidence and apply the law as set out by the trial judge, but also enjoy the power to refuse to apply the law «when their consciences permit of no other course».

Some judges will set you for a divorce trial as well as private mediation but typically they're going to set another status conference after the mediation to determine if the issues have been resolved or narrowed, and at that point, the court will set you for trial.

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.

Mr. Chief Justice Marshall, sitting as a trial judge in the Burr case, supra, was extraordinarily careful to point out that

This reduces the overall starting point for the quantification of the aggregate damages award to $ 74.5 million, as opposed to the trial judge's finding of $ 92 million.

As another judge pointed out, it's very unlikely that the trial court messed up enough to warrant fifteen meritorious issues on appeal.

They can not simply point to the entirety of the record and hope the trial judge will help them satisfy their burden as the moving parties in such proceedings.

The trial judge treated it as virtually unimportant that the mother had not at any prior point asked for child support from the father.

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.

Step 5: Win at trial in front of a judge that somehow didn't get the memo that the Washington Supreme Court in Chaplin eliminated the need for Selby's to even make their adverse possession claim «in good faith under a claim of right»... certainly because the attorney didn't bother to raise this point... along I suspect with hiring a surveyor to testify as an expert witness.

Warner's appeal included several points on which the appellate court could have hung a reversal, but it chose to focus on the trial judge's failure to adequately apply the «balancing» test, as outlined in Mobilisa.

As a result, a true value of # 330,000 was arrived at by the trial Judge, well within the 15 % margin of error he found to be applicable to this particular valuation (the only point on which the Claimant's expert evidence was favoured).

Despite the fact this issue was not raised at trial, the Trial Judge treated this point as a breach of the rule, meaning he gave significantly less weight to the Appellant's evidtrial, the Trial Judge treated this point as a breach of the rule, meaning he gave significantly less weight to the Appellant's evidTrial Judge treated this point as a breach of the rule, meaning he gave significantly less weight to the Appellant's evidence.

Notwithstanding that the prior accidents did not all occur at the same curve or even at the same point in the subject curve, the accidents were similar in that the learned trial judge found that the accidents occurred not as a result of the curve in the road but as a result of the road's surface.

The trial judge directed the jury as to how they should regard the statement of the deceased complainant, pointing out to the jury that they had not seen her give evidence or be cross-examined and that the allegations were denied.

While the question of likely or unlikely coincidence can be considered, what the trial judge did overstated the position, and was «suspect» as a starting point.

[74] The same rationale applies and the same result must flow, in my view, in those rare cases where — as here — «the appellant [can] point to something in the reasons of the trial judge or perhaps elsewhere in the record that make [s] it clear that the trial judge [has] applied different standards in assessing the evidence of the appellant and the complainant»: Howe, at para. 59.

According to Abbott's brief, GSK attorneys objected in vain to the gay man's removal before the trial, and when the judge asked how they knew he was gay, they pointed to his mannerisms, his residence in West Hollywood and his previous work as a freelance screenwriter.

From my vantage point as a trial judge I have the impression that litigation counsel continue to conduct their litigation files from day one in a paper environment because:

Perhaps this means that what is needed is for some inventive counsel to convince an appellate court to misuse an SCC decision, as plaintiff's counsel did with Walker Estate in Resurfice; or, for a trial judge or appellate court to accept, as I point out in the paper, that the SCC jurisprudence requires the conclusion that, in Canadian negligence law, events may occur without having causes (and not just in Stoner, B.C.).

However, as Justice Saxe points out, due to increased case loads, even these clients won't be satisfied in court because trial judges are increasingly focused on encouraging compromise rather than trials.

The trial judge's decision was appealed, and the Florida Supreme Court pointed out that while the judge was right in finding that the board of directors had been wrong to demand that the unit owners pay for the judgments, the result was to leave the condominium property as a whole vulnerable to liens by those who won those judgments.