Sentences with phrase «by trial judges»

Because it is not clear to me that the de novo findings of appellate courts, with only bare records before them, are likely to be any more reliable than the findings reached by trial judges, I can not join the majority's sanctioning of factual second - guessing by appellate courts.

Both numbers are likely to be lower bounds for impropriety that reaches judicial notice, given the number of cases in which prosecutorial missteps are addressed by trial judges, or take place in cases that result in acquittals or are not appealed.

In Daubert, the Supreme Court abandoned the «general acceptance» test used by trial judges to determine the admissibility of expert testimony.

«The majority opinion reflects the persistent disregard in a number of judgments that this Court has issued of the clear and unequivocal directions of the Supreme Court of Canada that emphasize the importance of individualized sentencing and limit appellate intervention in the exercise of sentencing discretion by trial judges.

The dissent does note the rates of compensation set by the trial judges in each of the three cases: $ 200 per hour (para 103), $ 250 per hour for very senior counsel (para 104), and $ 192 per hour, which the trial judge noted was the rate that would be paid by the Attorney General to a lawyer of the amicus's year of call to prosecute or to represent the interests of a witness in a criminal case» (para 99).

The 2nd Circuit said the instructions given to the Silver jury by the trial judge were consistent with precedential rulings in other cases prior to the Supreme Court decision in the McDonnell case.

Last week, the appeal court head another case where the Crown's line of questioning was deemed improper both by the trial judge and the appeal court, but a retrial wasn't ordered in that case.

As indicated by the trial judge this is a sad case and the result of the medical treatment has been a very unfortunate and unhappy one for the plaintiff.

As Aikens LJ went on to explain, the intentional tort committed by Mr Marsh, having been at home, off - duty and drunk, and having declined the offer to come in, was obviously not at all connected with his employment: the description by the trial judge of being the «spontaneous criminal act of a drunken man who was off duty» was «both graphic and accurate».

If a matter is resolved by a trial the judge will award costs either against each one party or order that each party pays their own costs; in general, the costs «follow the event» i.e. the losing party usually gets stuck with the costs.

[2] Slatter J.A. reviews in detail the negligent misrepresentations found by the trial judge, and concludes that the record supports only the misrepresentation concerning the involvement of a mining engineer.

Repeated interventions by the trial judge, particularly if done in a sarcastic or denigrating manner, can lead a reasonable party to perceive that judge to be biased against him.

Khawaja, an Ottawa software developer, was appealing his conviction while the Crown cross-appealead, asking the court to impose a life sentence rather than the 10-1/2 years imposed by trial judge Justice Douglas J. A. Rutherford of the Superior Court of Justice on Oct. 24, 2006.

30 Accordingly, a conditional discharge is granted on the terms and conditions of the probationary order granted by the trial judge.

The ruling that makes clear that an appellate court can reverse a guidelines sentence, even when it is followed by the trial judge, implies far more latitude to deviate from the guidelines when the trial judge disagrees with the way the guidelines work in a particular case.

[19] Without endorsing all of the factors relied on by the trial judge as constituting «sufficient reason» in this case, I am satisfied that there may be circumstances which may constitute sufficient reason for bringing an action in the Supreme Court, thereby triggering its costs provisions, despite the fact that it is apparent from the outset that the award will fall within the monetary jurisdiction of the Provincial Court.

Dewshi, principal of Dewshi Law Practice, tells AdvocateDaily.com that in carrying out the Notice of Proposal and revoking Kamali - Mafroujaki's licence, the reasoning focused on his past conduct, which included: the conduct leading up to his conviction of sexual assault; his denial of responsibility for any of the conduct; and the adverse finding of credibility by the trial judge in the sexual assault case.

The Virginia Court of Appeals found there was no abuse of discretion by the trial judge in denying husband's request for a continuance or denying his motion to reopen the case.

found that the fact that the «award was reviewed and upheld by the trial judge» and unanimously affirmed on appeal gave rise «to a strong presumption of validity.»

That finding, said Lord Walker and Lady Hale, was a finding made by the trial judge and there was, therefore, no need to impute any intention.

Feb. 29, 2016)-- authored by Acting Presiding Justice Robie; discussed in our Mar. 1, 2016 post: 70 % across - the - board fee reduction by trial judge from fee request reversed because such a broad brush decrease required a more nuanced approach and more specific explanation of the reduction; trial judge allowed to «cross check» reasonableness of prevailing party's fee request based on the fees expended by the opposing party in proper situations.

The Ontario Court of Appeal held that the action was properly dismissed by the trial judge as against the operator Maple Leaf Gardens, because an accident of this nature could not have been anticipated and was not foreseeable.28

Gladue appealed the sentencing decision to the British Columbia Court of Appeal, which upheld the original sentence as adequate but felt it necessary to clarify section 718.2 (e) of the Criminal Code as interpreted by the trial judge.

Withler, the leading Supreme Court of Canada case on section 15 at the time, provided the framework for analysis used by the trial judge (at para 12, TCC) and the Federal Court of Appeal (at para 32).

where the inference / finding is shown to be incompatible with evidence that has not been contradicted or rejected by the Trial Judge.

But the court did find substantive errors by the trial judge which warranted its reversing findings against two doctors, a nurse and the hospital.

The risks of predicting a trial court judgment are compounded if the claim goes on appeal where appeal court judges frequently place an importance on facts not regarded as important by the trial judge.

Confidentiality orders covering discovery are usually extended or modified by the trial judge to address confidentiality issues at trial.

Given that the two are necessarily bound up as part of a unitary determination by the trial judge, what clarification do we therefore have as to how the appellate courts should go about their role?

While leaving detailed practical guidance for employees to the actual prosecuting agencies, the court expressed the expectation that future difficulties should be avoided by early disclosure from jurors of their relevant professional involvement with the criminal justice system, and careful enquiry by the trial judge as to the significance of this in each case.

Criminal law: The appellant was charged with trafficking marijuana and cocaine, possession of a prohibited weapon and breach of probation, but the charges were stayed by the trial judge on the basis of unreasonable delay.

«I think the [Supreme] court reaffirmed the idea that... the oppression remedy is a broad remedy, [meant to be] applied flexibly by a trial judge, taking into account the particular circumstances of any case,» Douglas Mitchell of Irving Mitchell Kalichman LLP in Montreal and lead counsel for the respondent, told Legal Feeds.

In so doing, any appellate court will inevitably exceed its jurisdiction to interfere with the factual component of the unitary determination by the trial judge.

An appellate court may not interfere with the findings and inferences of fact by a trial judge absent palpable and overriding error (see Housen v. Nikolaisen, 2002 SCC 33 (S.C.C.) at para. 10).

Remember that even if an employee does not suffer mental distress, a trial judge might extend the period of reasonable notice if an employer advances grounds for termination that reduce the availability of alternate equivalent employment — a step taken by the trial judge which was undisturbed by the Court of Appeal.

Unfortunately for a marginally winning plaintiff below, the former — the zilch / nada — option was seized by the trial judge and affirmed by the appellate court on review in connection with an attorney's fees request.

Lead attorney Geoffrey Fieger (who once represented Dr. Jack Kevorkian of assisted suicide fame and has won many high - profile cases) chose to ignore the instructions handed down by the trial judge in what the Michigan Supreme Court called «an extraordinary miscarriage of justice.»

The appeal court can examine the transcript of the witnesses» evidence and the submissions made in the Provincial Court, but does not usually hear evidence itself and is largely bound by the trial judge's factual findings.

Because the appeal court has its own opportunity to hear and consider the evidence in a trial de novo, it is not bound by the trial judge's factual findings.

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».

Rather, we ask jurors to assess the evidence in light of the law set out by the trial judge.

What I find more interesting in this case, however, is the discussion and, frankly, the finding by the trial judge that gifts of money by the husband's parents ought to factor into his income for the purposes of child and spousal support.

He points out that he was not chastised by the trial judge for uncivil conduct, let alone sanctioned.

It did so primarily based on findings of fact by the trial judge which the court found were not subject to any palpable and overriding error.

The court found Potter was entitled to damages for wrongful dismissal as assessed by the trial judge, with the exception that the pension benefits he has already received are not to be deducted from those damages.

These statements are seriously problematic because, as you also state, ethical behaviour of the jury «requires the juror to impartially and fairly assess the evidence respecting the law as set out by the trial judge».

If jurors only had the official responsibility set out by the trial judge in Stanley, their ethical duties would be straightforward, and very similar to those of a judge — to be impartial, diligent, principled, respectful of equality, and fair in their assessment of the evidence in light of the law set out by the trial judge.

The finding by the trial judge that all changes in the expert's report should be routinely documented and disclosed, has now been set aside.

Again, on the evidence found by the trial judge, the possibility that the items were possessed for a non-violent use was not... [more]

C.A., Feb. 22, 2012)(34720) Jan. 24, 2013 Whether to self - instruct by a trial judge is discretionary, and there is no requirement to do so as a matter of law.