In doing so, the CRTC risks pre-empting the true role of commissioners — which is to make independent
decisions based on the facts before them and applying the law with impartiality.
Not exact matches
Decision:
Based on the overwhelming evidence
before the Commission, the Commission is satisfied and finds as a
fact that the vehicle was received and added to the Presidential Pool
on 2nd November, 2012.
This unconventional thinking might come from the
fact that the owner was a collector
before a gallerist, and seems to make
decisions based on personal interests and impulses rather than an audience or client's expectations.
The claim had not been compromised as the judge had stated and so the judge had not been bound by BCT Software Solutions Ltd v C Brewer & Sons Ltd [2003] EWCA Civ 393, [2003] All ER (D) 196 (Jul)-- where parties have settled
on all issues save costs
before a trial or where a trial is incomplete, the court should not, save in a reasonably obvious case, embark
on making an order for costs because the court will have no proper
basis of agreed or determined
facts upon which to
base its
decision.
Sometimes government officials enforce laws that have been held unconstitutional, either because they aren't aware of the relevant court
decisions, or because they think that their
facts are distinguishable from those under which the law was held unconstitutional (which sometimes happens
on an «as applied»
basis rather than
on a «facial»
basis that applies to all cases), or because they think the judge
before them might rule differently despite the precedent.
This used to be in relation to
decisions based on facts; courts were reluctant to substitute their own findings so long as a board's
decision was not «patently unreasonable» and so long as there was some evidence
before the board that would support its
decision.
The puzzle of a representative judiciary is that many want a diverse bench because more varied experience will enhance judicial
decision - making, and yet many worry about a representative judiciary precisely because it may mean judges will decide
based on their identity or community affiliation rather than
based on the
facts and law
before them.
An appellate court makes a
decision based on the
facts of one case and in Wyeth, the
facts before the Court were very limited.
The claimants submitted, inter alia, that the orders: (i) had been made without any prior consultation as to the principle, relying upon the common law duty to act fairly and / or the doctrine of procedural legitimate expectation; and (ii) were irrational
on the
basis that the reasons which had been put forward by the defendants in justification of the
decision were inconsistent and contradictoryDyson LJ: The
fact that, when conferring
on the lord chancellor the power to prescribe court fees, parliament had decided whom he should consult
before doing so, militated strongly against the idea that there should co-exist a common law duty to consult more widely (in the absence of a clear promise by the lord chancellor that there would be wider consultation and in the absence of any clear established practice of wider consultation).
politically - correct (not necessarily) powers that be who might be well - advised to become licensed and operational, actually involved in day to day business operations in the industry,
on the road,
before shouting venomous assaults, making
decisions based on fact, not assumption.