Sentences with phrase «error in law»

It removes the drafting error in the law on how minor parties get on the ballot.
Unless there is a glaring error in law, there will not be a reversal.
Justice Charles Hackland made at least three other errors in law in ruling that Ford breached the Municipal Conflict of Interest Act, say written arguments filed in Ontario Divisional Court on behalf of the mayor by Alan Lenczner and Andrew Parley of Lenczner Slaght LLP.
This question was prompted most recently by a fascinating study of legal briefs that were submitted by 20 leading law firms in California, which found those briefs riddled with errors in law, grammar, and even the spelling of the judge's name.
The Court of Appeal found that trial judge made palpable and overriding errors of fact and an extricable error in law that justified intervention vis - a-vis the above - noted agreement.
In the unanimous decision, the appeal court agreed that Judge Lenehan had made several errors in law.
From that POV, a detailed study of a particular text could show more than whether variations in the text produced specific errors in law: it could also support arguments for identifying specific developments in legal culture.
Lauwers J.A. delved into each of the appeal grounds in some detail, and ultimately granted the motion, noting that the appeal did not raise any arguable error in law but rather only challenged findings of fact and credibility that were «sound on their face».
Navel - gazing is one of the most common, most egregious errors in law firm writing — «we did this, our lawyer did that, our firm has a long history of something else».
Most people do not realize that an appeal can only be made on the basis of an error in the law.
«We see no error in law in the hearing panel's consideration of the issue of delay,» wrote Christopher Bredt on behalf of himself and Marion Boyd.
Isn't that an error in law, and a Charter breech?
It is an error in law to merely void the offending portion and leave the rest of the termination clause to be enforced.»
It is always easier to point out an error in law than an error in fact.
It thereby indirectly included in its argumentation substantive rules of international law by using them as tools of interpretation (especially via Article 31 (3)(c) VCLT), declaring the GC's failure to do so an error in law (Judgment para 86, 97, 107).
This line of argument, then, seems to lead to a duty — under EU law — to interpret treaties in accordance with international law: after all, the GC's legal interpretation of the Agreement in which it failed to take international law into account led to an error in law.
Verdicts are commonly overturned when they are unreasonable, unsupported by the evidence, where the judge has made an error in the law, or more generally, where there has been a miscarriage of justice.
Toy argued that the Board failed to apply the appropriate standard of review to correct the Presiding Officer's error in law, which resulted in admitting involuntary testimony that offended his privilege against self - incrimination.
Importance: The C.A. found the trial judge failed to consider the totality of the evidence in relation to the fraud - related charges which amounted to an error in law; R. v. J.M.H., 2011 SCC 45, at para. 31.
The Court rejected this argument indicating that it is an error in law to merely void the offending portion and leave the rest of the termination clause to be enforced.
At this appeal, you would have to show that CIC made an error in law, not that they came to the wrong decision.
The Court held that the failure on the part of the motion judge to recognize the date on which the limitation period commenced is an error in law.
An error in law, on the other hand, typically involves the application of the wrong legal test.
The Court found it was an actually an error in law to order counselling that involved Mr. V. in the face of an order that restrains his ability to be anywhere near the children.
«In the presence of convincing evidence of any measurable reduction in income earning capacity it would be an error in law to dismiss the claim simply because income did not fall after an injury.
Absent an error in law, judges wield enormous autonomy and power to award or deny costs as they see fit, and this function is directly related to the independence of the judiciary.
The decision of a justice to release or detain an accused may be reviewed in the Superior Court of Justice if there is new evidence showing a significant change in circumstances, there has been an error in law or the decision is clearly inappropriate.
The appellants claimed this was an error in law, as it imported a subjective element to the test.
They also found an error in law in refusing to review certain third - party documents.
The Court of Appeal held that the motion judge's decision was entitled to deference and should not be interfered with absent an error in law or principal, a palpable and overriding error of fact, or unless the decision is so clearly wrong as to amount to an injustice.
Such application would only be on Point of Law or Error in Law and is enormously expensive for an ordinary man.
I don't know to whom the appeal would go from Cory's arbitration decision, but you've got to say that the chances of overturning for an error in law a ruling of a former Supreme Court justice and one of the most likable of the lot at that is slim.
First, the Court's effort to distinguish the (much better reasoned) decision from Nova Scotia relying on the requirement that the LSUC «maintain and advance the cause of justice and the rule of law» demonstrates a misreading of that section and an error in law.
Mummery LJ therefore rejected Allen's submissions that the test applied by the tribunal comprised an error in law.
His lordship agreed with the Court of Appeal that the judge had made no error in law.
Ainsworth seeks to cast this finding as an error in law, but a finding of dismissal is a finding of fact.
Grounds for appeal are limited to errors in law and in fact.
An example of an error in law would be if state law requires a parent convicted of domestic violence to complete counseling before the award of any custody rights, but a judge nonetheless grants that parent custody without proof of counseling and in direct violation of the law.
It was an error in law for the trial judge to put undue emphasis on parents» conduct and inadequate emphasis on children's best interests.
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