Sentences with phrase «erred by»

The appellate court ruled that the lower court had erred by dismissing the seller's action, and it returned the case to the lower court for further proceedings.

And he contends that the trial court erred by ruling that he had waived an objection to certain post-trial evidence of contemptuous conduct by failing to object when the evidence was first introduced in support of the mother's motion for contempt.

The court held that Justice Wilcox had erred by not inquiring into whether connection to that particular area by the laws and customs had been substantially maintained.

The appellants submitted that the trial judge erred by failing to determine the actual rate of speed at which the bus was travelling when it entered the intersection, which was essential to the evidence of the expert witnesses with respect to accident avoidance.

The courts below erred by requiring petitioner to make its proof by clear and convincing evidence.

The appellants argued unsuccessfully that the trial judge erred by holding that Mr. Richer's momentary inattention to the intersection, when he looked right and left and into the mirrors of the bus, constituted negligence.

Though the jury sided with the doctor, the federal appeals court ordered a new trial, saying the judge erred by excluding testimony from expert witnesses.

a. Whether the motion judge erred by not accepting facts pleaded in a civil court proceeding as evidence in the current proceeding.

Whether the motion judge erred by shifting the onus to Ms. Punzo to prove that Mr. Punzo is hiding income.

In the Court's view, the application judge erred by characterizing the appellant's actions as violent on the basis that some employees claimed they felt «unsafe».

Whether the motion judge erred by finding that a material change in circumstances had occurred.

Third, the motion judge erred by substituting his determination as to the sufficiency of Apotex's submission for that of the Minister.

The appellant submits that the trial judge erred by awarding aggravated damages, which duplicated the general damages award and resulted in double counting.

Therefore, the applications judge erred by finding that the decision of the majority was reasonable and within the range of possible outcomes.»

Representation of a leading global food delivery franchise in the Eighth Circuit in a case determining whether the district court erred by certifying a class of drivers claiming that a fixed charge customers paid for delivery was a gratuity under Minnesota law.

Allstate appealed to Court of Appeal and argued that the appeal judge erred by reviewing the arbitrator's decision on a correctness standard and that the arbitrator's decision should be restored because it was reasonable.

Writing for the three - judge panel, U.S. Circuit Judge Jerry Smith said that U.S. District Judge Ed Kinkeade in Dallas, TX, erred by allowing plaintiffs» lawyers to present «inflammatory character evidence» about defendants.

The Appellant argued that the trial judge erred by failing to apply the best interests of the child test as the sole determinant of her application to move with the children, by imputing income to the Appellant given the special needs of the couple's son, and in awarding the Respondent costs.

The appeal judge found that the arbitrator erred by failing to apply the principles that inform the remedies for breach of fiduciary duty when deciding on entitlement to bonus money.

We also agree with the Crown's submissions that properly interpreted, s. 5.1 (4) constitutes a complete bar to the claim, and that the motion judge erred by applying the doctrine of equitable fraud to overcome the Crown's limitations defence.

However, duties of care are owed to all residents and in this case a provider erred by failing to provide adequate support for a resident who was under police investigation for assault.

The judge had also erred by acting as if he was an auditor and had substituted his own view of what financial prudence might require.

[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.

That did not occur in this case, and the district court erred by entering a sua sponte mutual protection order against Kimberly ---- we further note that the court also entered the order without providing Kimberly with a hearing

The Upper Tribunal allowed the Secretary of State's appeal on the basis that the FtT had erred by considering the position upon return to Italy not Mauritius.

The defendant brought a cross-appeal on the issue of whether the trial judge erred by excluding the decision on the threshold motion from the costs analysis.

As the sentencing judge erred by applying the incorrect test, Anthony - Cook's negotiated sentence was imposed by the court.

The Court of Appeal had erred by placing «too high a premium on the «full appreciation» of evidence that can be gained at a conventional trial, given that such a trial is not a realistic alternative for most litigants.»

Based on this precedent, it is apparent that the trial court erred by submitting seven identical sexual abuse instructions to the jury.

On appeal, the Department argued that the district court erred by overruling the Department's final decision and by restricting the application of the adverse inference to situations where the Department provides an «adequate explanation» of why it has applied the inference.

Marjolein submitted that the application judge erred by requiring her to establish undue influence rather than simply demonstrate that the relationship of the parties gave rise to a potential for undue influence.

(Ga., filed August 31, 2017): Arguing the lower court erred by admitting CEO pay evidence because it creates extreme unfair prejudice and provokes a jury response based on passion and prejudice.

The court rejected Stanley's argument, that in making her order for support, the trial judge erred by failing to consider the factors she was required to consider under the Divorce Act or by considering only certain factors in isolation.

In Lac La Biche v Lac La Biche (SDAB), 2014 ABCA 305 (CanLII) the county sought leave to appeal a board decision upholding approval for road development, alleging the board erred by improperly fettering its discretion, sub-delegating its authority, and failing to provide adequate reasons.

On appeal, the Appellant submits the Chambers Judge erred by, inter alia, characterizing the termination order as a final award.

In Arctos & Bird, the applicant sought leave to appeal on two questions of law: (1) the Board erred by failing to require a subdivision approval on the lots before development could proceed; and (2) the Board erred by failing to take into consideration the population cap of 8000 residents for the Town of Banff set out in the Banff Park Management Plan.

The appellate court did find the lower court erred by admitting the entire arbitral award at trial, but found the error was not prejudicial in nature.)

This Comment attempts to resolve the split by arguing that circuit courts have erred by focusing on the one - sentence authorization of fast - track in the PROTECT Act.

C.A. and argued the trial judge erred by 1) admitting three agreed statements of fact, and 2) providing the jury with an inadequate Vetrovec warning concerning the testimony of unsavoury witnesses.

The 15th page of the 19 - page decision noted that Lewie's attorney, Matthew Hug, argued the trial judge erred by not removing a female juror who had sent an «odd and inappropriate» note during deliberations.

Justice Veldhuis finds the question of whether the planning commission erred by failing to require a subdivision approval turns on principles of statutory interpretation concerning a reading of the land use bylaw and the Town of Banff incorporation agreement between Alberta and Canada.

(3) that the motion judge erred by not holding a «hearing» in connection with the CAS motion to withdraw pursuant to s. 47 (1) of the CFSA and then further erred in finding that the children were not in need of protection;

The Supreme Court overturned Roy's conviction, stating that «the trial judge erred in law erred by equating fault with the failure to explain the conduct,» and concluded that the accident was a result of «a single and momentary error in judgment with tragic consequences.»

Justice Perell accepted the letter and report as notice, since it came close to calculating the correct amount of the overpayment and only erred by making a claim for 14 - months of overpayments rather the limit of 12 - months.

He was not an insured person and the arbitrator erred by a finding that he was.

In Hohider, the Third Circuit held that the district court erred by concluding that it could certify the class by deferring its analysis of whether the members of the class had proved that they are both disabled and otherwise qualified to perform the essential functions of the job in order to prove discrimination under the ADA until the second «remedial» stage of the two - stage framework described in International Brotherhood of Teamsters v. United States, 431 U.S. 324 (1977).

In respect of the correct legal issue, the Court of Appeal ruled that the motion judge significantly erred by framing the issue as: whether a franchisor's associate is deemed to be a party to the franchise agreement.

In a judgement released in April, the Court of Appeal held that the trial judge erred by finding that the employer had promised Mr. Aubrey that the severance package was payable on retirement, as opposed to only on termination.

[22] Mr. Rempel submits first that the trial judge erred by adopting into her retroactive spousal support analysis her finding that Mr. Rempel engaged in blameworthy conduct when «[h] e did not make voluntary adjustments or increases... as his income increased...» (at para. 19).

The BCCA found that the lower court erred by making a finding of irreparable harm which was unsupported by the evidence, and by failing to assess the impact that the injunction could have on the defendants» constitutionally protected speech.