Sentences with phrase «confirmed as the trial judge»

Notably Mr Justice Peter Smith has been confirmed as the trial judge and he is clearly keen to press the matter ahead as soon as possible.»

Not exact matches

The court confirmed that an appellate court should interfere only where a mistake is made as to an «extricable question of law» or where overall the trial judge reached a completely irrational decision.

Our conclusion that the record does not support the contention that the students» cheering, clapping and singing constituted a breach of the peace is confirmed by the fact that these were not relied on as a basis for conviction by the trial judge, who, rather, stated as his reason for convicting Cox of disturbing the peace that

The Ontario Court of Appeal confirmed this is the case even where a criminal trial judge gave reasons for acquittal that expressed an opinion that no wrongdoing had occurred, as opposed to simply concluding there was a reasonable doubt as to whether an offence was committed.

In confirming the decision of the Motions Judge, the Court of Appeal described the test from Sagaz as a dual inquiry as to whether the new evidence, if presented at trial, would probably have changed the result, and whether the evidence could have been obtained before trial by the exercise of reasonable diligence.

The Court of Appeal confirmed that the trial judge had been correct to admit the report so far as it dealt with the facts, and correct to exclude it so far as it offered an expert opinion — though another expert could have given an opinion on the basis of the facts in the report.

The trial judge's reasons confirm that he appreciated the purposes of punitive damages, their exceptional nature, the need to be fair to both sides, and the basis for Rabinowitz's contention at trial that any award of punitive damages as against him should be limited to $ 25,000 to $ 50,000.