Sentences with phrase «error of law»

We have serious reservations about the very possibility of a government official raising the defence of officially induced error of law in relation to the performance of his or her duties.

As a result, the draft contains errors of law, of which I gave warning.

If binding, parties are usually bound by the decision until you can prove the arbitrator was really biased, made a gross error of law or exceeded the arbitrator's authority.

The lower court made a plain error of law.

A broader interpretation would have permitted the Commission to make errors of law in discharging its quasi-judicial function of determining the rights of claimants to the fund administered by the Commission.

The Divisional Court has allowed the plaintiff's appeal, holding that Justice Perell committed errors of law in refusing to approve the proposed settlement.

In fact, Anisminic did not have quite such a dramatic effect, because, at least at the time Anisminic was decided, «shall not be questioned» clauses remained capable of protecting non-jurisdictional-but-reviewable errors of law on the face of the record.

In a second ruling yesterday, the court unanimously accepted the Crown's appeal of a decision by Justice Williams to sever the 26 counts of first degree murder into six and twenty as well as errors of law in three rulings on evidence and errors in the jury charge.

City lawyers last week asked Judge Shira Scheindlin to hold off on implementing the reforms she ordered to the NYPD's stop - and - frisk policy, warning that that the restrictions could lead to a huge spike in crime and saying her ruling against stop - and - frisk was «rife with errors of law.»

[17] The Teachers» Federation asserts that the judgment is the product of (i) fundamental errors of law regarding interpretation and application of the duty of fair representation, and (ii) a multiplicity of factual errors involving findings not based on the evidence and contrary to the evidence, which are palpable in nature and overriding in effect.

«In our view, the trial judge made errors of law regarding both versions of s. 163.1 (6).

Since the permit is based on the opinion of the Minister, the court will not interfere unless the Minister has made a clear error of law, or his / her Minister's decision is unreasonable.

On appeal, the Crown asserted errors of law alone on the basis the judge erred in: (i) failing to properly instruct himself on the legal principles applicable to considering evidence of collusion; (ii) failing to consider all the evidence relevant to the issue of collusion; (iii) misapprehending the evidence relating to collusion; and (iv) correctly assessing the elements of perjury in one of the particulars.

Appellate courts must exercise caution in identifying errors of law in disputes arising from contractual interpretation: Sattva Capital Corp. v. Creston Moly Corp., 2014 SCC 53, [2014] 2 S.C.R. 633.

Thus under the Railway Act privative clauses, comparable in every respect to those currently in the ACT, where the Board is acting without its jurisdiction and has not committed a reviewable error of law interpreting its statute, any errors of fact which it may commit are not reviewable.

However, we are of the view that the conduct of the trial and the trial judge's reasons disclose errors of law and therefore we allow the appeal and order a new trial.»

The jury verdict was unanimous, but Pizza Hut motioned for a new trial, urging that the amount of damages outweighed the injuries and the court made several errors of law.

«I understand that most cases like this are quashed by the appellate court of appeal and the Supreme Court on further appeal for lack of jurisdiction, want of jurisdiction, capricious and malicious prosecution, patent error of the law and breech of natural justice.

The SJC for the first time ruled that a judicial error of law does not bar recovery in a legal malpractice case where a defendant law firm was negligent for failing to prevent or mitigate the legal error.

The Court of Appeal dismisses Dr. Al - Ghambi's appeal, finds the Alberta Human Rights Commission's investigations to be both thorough and comprehensive; the Chambers Judge committed no discernable error of law.

First, the demise of the distinction between jurisdictional and non-jurisdictional error of law, along with the eradication in Ridge v Baldwin of the distinction between quasi-judicial and administrative decisions, paved the way for the development of a unified set of principles — of legality, rationality and procedural propriety — of judicial review of administrative action.

As a preliminary point she notes that «such an unavoidable error of law would appear to occur only very rarely.

If the trial judge's summary of the evidence is accurate, and it was open to the judge to accept the plaintiffs» experts» evidence — no misapprehension, nothing else that amounts to a palpable and overriding error, nothing else that amounts to a relevant error of law on the admissibility of evidence — then the result is supported by the evidence and is not (supposed to be) subject to appellate intervention.

The Chief Justice: «The defence of officially induced error of law is intended to protect a diligent person who first questions a government authority about the interpretation of legislation so as to be sure to comply with it and then is prosecuted by the same government for acting in accordance with the interpretation the authority gave him or her.

The most common malpractice claims don't involve a failure to know or apply the law — errors of law lead to only about 13 per cent of the claims LawPRO sees.

They all involved errors of law.

Justice Ball rejected such thinking out - of - hand, noting that to agree with such a notion «would be a profound error of law and would impugn the impartiality of the court.»

But when a party is unhappy with the result they will challenge the process any way they can — usually alleging arbitrator bias, misconduct or some over-riding error of law.

Keywords: Criminal law; fraud; failure to consider totality of evidence = error of law; horseracing; betting & gambling; what is a «game»

Citing Groberman JA's reasons for the Court in CSWU, Local 1611 v. SELI Canada Inc. 2011 BCCA 353, the dissent noted that Canadian courts have accepted that some errors in the course of a hearing will be jurisdictional in nature, and that unreasonable errors of law or fact can be errors of jurisdiction.

Thus, the acquittal was upheld, as there was no palpable error of law and without resort to the constitutionality of the legislation.

If you lose the case, you can seek permission to appeal to the Upper Tribunal if there is a material error of law in the First - tier Tribunal Judge's decision.

The Model Law appears to contemplate that international commercial arbitration tribunals may make errors of law within their jurisdiction and that Law gives the courts no express authority to set aside such errors.

The court reasoned further that decisions recognizing non-statutory ground for vacating arbitration awards have required something beyond, and different than, a mere error of law or failure on the part of arbitrators to understand or apply the law.

He added that Tucker, the hearing officer, «committed error of law in imposing such a ban in the absence of legislative authority.»

[24] The suggestion is noteworthy not only because it presages a future in which contextual considerations play a role in determining the appropriate level of judicial scrutiny of alleged errors of law (as they do in Canada) but also because it underscores how contingent change in administrative law doctrine can be.

authorities, want of logic is not synonymous with error of law.

And after our resignations, the draft put out for its required 60 - day public review still contained errors of law.

The EAT felt that this erroneous approach permeated all the findings of direct discrimination, except the finding that the claimant had committed an act of gross misconduct, but given the fundamental error of law identified, it was uncertain that the Igen principles had been properly applied.

His lordship had already held that reason (ii) involved a clear error of law.