Sentences with phrase «evidentiary records»

In most civil cases lawyers still create hard copies of evidentiary records, books of authorities and factums.

«Google's request is DENIED without prejudice to renewal after a more complete evidentiary record has been developed through discovery.»

Parties should ensure that there is a complete evidentiary record before the court to justify the relief sought.

Although the Court expressed difficulty in summarily deciding the matter based on the evidentiary record before it, the Court agreed that the causation issue was severable from other liability issues and determinative of the matter.

He then held that a determination of whether the Windsor Health Unit and / or the Windsor Police owe the plaintiffs a private law duty of care should be determined on a full evidentiary record at trial.

The Court was critical of the evidentiary record including the methods and conclusions of the post-fire origin and cause investigation conducted by the plaintiff's expert.

Fuerst stresses again that the extent of the evidentiary record by the defence depends each time on the specific fact scenario.

Pratte and counsel for Douglas will have until June 15 to make their submissions on the use the committee should make of the information and whether it should be part of the evidentiary record.

Despite the caution by the SCC in Theratechnologies, many of these leave hearings may end up appearing a lot more like a «mini-trial» depending on the extent of the defence's evidentiary record.

In some trials, of course, a certain portion of the evidence is visual: objects, photographs, and video may form part of the evidentiary record.

She also notes that since defendants are not required to provide an evidentiary record at this stage, a plaintiff may not have more than the information disclosed in a company's public filings and the hope of finding a whistleblower to put forward its case.

The result with the benefit of a full evidentiary record remains to be seen.

Indeed, there is some evidentiary record that at least one of the officers involved in the task force in Welsh expressed derogatory and demeaning statements about Obeah and its traditions.

Although the Court did not rule on the factual issues in dispute involving «reasonable excuse» and «prejudice» and could not do so in the absence of a full evidentiary record, there was commentary with respect to the concepts of «reasonable excuse» and «prejudice.»

Police video recorders ensure that there exists an accurate evidentiary record; they would also shorten litigation and, ultimately, save the justice system valuable resources.

What sways the outcome of most cases is the strength of the evidentiary record.

This underscores the importance of establishing a compelling evidentiary record about the vulnerability of agricultural workers in order for this argument to succeed.

This may mean that the employer will have to first undertake progressive disciplinary steps in order to create an evidentiary record illustrating just cause for termination.

This serves as an additional reminder that employers should be diligent in documenting all employee misconduct and applying progressive discipline prior to termination to ensure that there is a sufficient evidentiary record to support a with cause dismissal when circumstances warrant.

The ultimate determination of the existence of a duty of care will be determined by a trial judge based on the full evidentiary record (including a consideration of any residual policy considerations that may override the prima facie duty of care).

Because this is an unsettled point of law, she held that this point of law was best resolved on a full evidentiary record, and not summarily determined on a certification motion.

[38] With respect to the issue of the Plaintiff's continuing duty to mitigate, I have found that the evidentiary record does not allow this Court to make a finding on whether the Plaintiff will have any employment income loss during the balance of the notice period or whether he will successfully mitigate.

(i) whether, on the basis of the evidentiary record alone, there genuine issues that require a trial; and

Leave was denied, with Justice O'Brien concluding that the evidentiary record from the courts below was not sufficient for the Court of Appeal to properly consider the questions on which the Crown sought leave to -LSB-...]

Your potential success in reaching a justified and fair settlement will depend on a number of factors, including the facts at hand, prior case law, the competency of your legal team, and how well documented your evidentiary record (of the accident) is.

The evidentiary record contained other evidence of aggravating circumstances relevant to the defendant's vehicle operation.

The Caring Society objected to the fairness of the process, arguing that the motion was premature and that the evidentiary record was not sufficient to decide the motion.

Here, the evidentiary record was significantly lacking in key evidence.

If you are going to allege constitutional values or arguments, such as the importance of freedom of expression, ensure that you develop a full evidentiary record in support of your position;

In my view, absent limited circumstances (such as a trial on damages once liability is determined), the Court should restrict itself from ordering a mini-trial when a party has chosen to tender a deficient evidentiary record on a motion for summary judgment, for a mini-trial ought not to permit a party to buttress or «cooper up» its deficient record.

Although some respondents may question the need for a regulatory body to put «expert» witnesses in front of a panel that may itself consist of professional members with «expert» knowledge, many cases establish expert witnesses as necessary for a proper evidentiary record, even though the entire panel may possess the same knowledge, e.g., to allow expertise to be tested by cross-examination, and to permit a review or appeal body to carry out its function.

[52] On this evidentiary record, it is clear Tigercat terminated Mr. Merritt due to the criminal charges even though no information was known regarding the allegations.

[49] Having reviewed the evidentiary record, I conclude that A.B. satisfies the criteria; namely: (1) he is a competent adult person; (2) he has a grievous and irremediable medical condition including an illness, disease or disability; (3) his condition is causing him to suffer enduring intolerable suffering; (4) his suffering can not be alleviated by any treatment available to him that he finds acceptable; and (5) he clearly consents to the termination of life.

As to whether the Yukon is required, by virtue of s. 6 (1) of the Languages Act, to communicate with and provide services to the Board and its employees in French, there should be a new trial with the benefit of a full evidentiary record, not a dismissal of the claims.

I am not satisfied that the evidentiary record before us is sufficient to decide these questions, which have broad implications for the law of defamation.

My point was that without a full evidentiary record, most interlocutory orders made by judges are premised on faulty assumptions or untested evidence about the domestic history of the parties or their division of childrearing and household duties (which can become relevant for spousal support or custody / access issues).

The quantum of general damages that he awarded to achieve the purposes of such an award was well within his discretion and was amply supported by the evidentiary record.

The court, after surveying the extensive evidentiary record from the trial court indicating that homosexual parents are in no way inferior to heterosexual ones, concluded that there was no rational basis for the statute and that it therefore violated the equal protection provision of the Florida Constitution.

It was open to the trial judge on the evidentiary record to conclude there were sound reasons for disbelieving Bergman's claim that he never agreed to Rabinowitz's defamation campaign, and was unaware of it until April 2009.

The notice provisions do not function in the same way as limitation period provisions for the following reasons: (1) non-compliance with s. 736 of the LGA or its predecessors does not prevent a plaintiff from commencing or maintaining an action; (2) unlike the more objective language of s. 4 (1) of the Limitation Act, the discretionary saving provision of s. 736 (3) may or may not act as a bar to an action; and (3) the trial or appeal court must determine whether the discretionary saving provision applies based on the evidentiary record.

This is at least partially because the evidentiary record is the means by which counsel can insist that constitutional adjudication not mirror conjecture and stereotyping from the wider culture.

There is a «presumption... that constitutional cases will be decided on a full evidentiary record, including, where appropriate, the evidence of expert witnesses.»

Based on the voluminous evidentiary record, both the Federal Court and Federal Court of Appeal concluded that s. 91 (24) was necessarily broad enough to include all of the aboriginal peoples (i.e., First Nations, Métis, and Inuit) Canada encountered as it expanded from coast to coast to coast post-confederation.

In Hunt v. Carey Canada Ltd., 1990 CanLII 90 (SCC), [1990] 2 S.C.R. 959 — still the leading case on the plain and obvious test — it was stated that, for this purpose, pleadings are to be read generously without regard to drafting deficiencies, and that questions that are important and difficult should be left to be dealt with on the basis of a full evidentiary record at trial.

In such cases it has been held that the issue in dispute is best left to be dealt with at trial on the basis of a full evidentiary record.

Generally, the various defences advanced by the appellants were untenable and contrary to the evidentiary record.

This holding was open to the motion judge on the evidentiary record before him.

In this respect it certainly represents, even if arguably at the high end, the sort of careful evidentiary record that ought to form the basis of a section 2 (a) denial.

In his opinion, the evidentiary record was insufficient to determine if the franchise renewal agreement that AlarmForce demanded the franchisee to sign was materially different from its then - current standard form offered to franchisees, and that the franchisee failed to prove this point in the context of a summary judgment motion.

Not exact matches

Such claims of solar variation insufficiency survive because indications of feedback mechanisms were supported only by historical records and statistical associations but were not empirically demonstrated (never mind that situation applies particularly to the enhanced greenhouse hypothesis, the simple fact is that hypothesis is currently politically correct and hence requires no evidentiary support).