Sentences with phrase «clearly erred»

We reject the claim, advanced by Price Waterhouse here and by the dissenting judge below, that the District Court clearly erred in finding that Beyer was «responsible for telling [Hopkins] what problems the Policy Board had identified with her candidacy.»

[74] Turning to the process claims, the Commissioner clearly erred by «parsing» the claims into their novel and obvious elements in order to assess patentability.

[35] Considering all of the foregoing, and keeping in mind that «[i] nterpretations of treaties and statutory provisions which have an impact upon treaty or aboriginal rights must be approached in a manner which maintains the integrity of the Crown» (Badger, above), the Minister clearly erred in reaching his decision by failing to take into... [more]

[35] Considering all of the foregoing, and keeping in mind that «[i] nterpretations of treaties and statutory provisions which have an impact upon treaty or aboriginal rights must be approached in a manner which maintains the integrity of the Crown» (Badger, above), the Minister clearly erred in reaching his decision by failing to take into account the First Nations Applicants» Treaty Rights and the honour of the Crown in interpreting his mandate under subsection 80 (2).

Applying this test, the bankruptcy court did not clearly err in finding that (1) the Penas could not maintain a minimal standard of living and repay their student loans, (2) their unfortunate financial situation was likely to continue for a substantial portion of the repayment period, and (3) they made a good - faith attempt to pay the loans.

*** The trial court did not clearly err in excluding the proffered bias testimony.

Not exact matches

The claim was clearly untrue — and how a person who studies the impact of community institutions for a living could err so wildly on this matter remains somewhat mysterious.

The head ref in the game did say the officiating crew erred as well, but you still can't just say you didn't lose a game that you clearly did.

That said, clearly we have to err on the side of freedom of information.

«Business confidence clearly needs to rise before employment growth will pick up again, but at the moment the surveys suggest that companies remain worried about economic growth both at home and abroad and are generally erring towards cost - cutting rather than expansion,» Chris Williamson, chief economist at Markit, commented.

My impression is we do not stress these risks (clearly) enough, so we may be «erring on the side of least drama» (ESLD).

It is reasonable to expect that if flaws exist then detailed alternative analyses would have been on record by now showing clearly where and how it is considered that these scientists have erred

Err, well, you're clearly lying about something.

A panel reviewing a decision of a single judge under s. 680 (1) is to be guided by three principles: absent palpable and overriding error, the review panel must show deference to the judge's findings of fact; the review panel may intervene and substitute its decision for that of the judge where it is satisfied the judge erred in law or in principle, and the error was material to the outcome; in the absence of legal error, the review panel may intervene and substitute its decision for that of the judge where it concludes the decision was clearly unwarranted.

This paper advances that Canada erred in simply acquiescing to WTO jurisdiction in this dispute, where that of NAFTA could legitimately have been raised and would clearly have been more advantageous to its position.

On appeal, the wife argued that the motion to change judge erred in failing to order an amount of support within the SSAGs and in any event, had ordered an amount that was clearly wrong.

«The motion judge was clearly aware of these duties and of Merchant's history and I am not prepared to say that he erred in the exercise of his discretion in awarding carriage to Rochon in spite of Merchant's participation in that consortium,» Strathy also said.