Sentences with phrase «factual record»

«This case now has a fully developed factual record,» the brief said.

This allows parties to file affidavit evidence, and can force a full factual record before the court to make an informed analysis of the merits of a claim.

A legend may tell more about a person than a precise factual record.

In contested sentencing hearings (where the Crown and defence make separate submissions and arguments before the court), the Crown is moving towards a practice of placing extensive factual records of all potentially aggravating factors before the courts.

For all of the above reasons, CCD, jointly with CACL, has taken the unusual step of bringing a motion to intervene on the leave application, to ensure that this Court has full insight into the deficient and unbalanced factual record, and the resulting impact on persons with disabilities, in assessing whether to grant leave to appeal on this application.

As I pointed out in the Western Journal of Legal Studies, Clements also appeared to have created a more restrictive approach towards the material contribution test, focused on impossibility of identifying a specific tortfeasor, rather than simply a complicated factual record.

Filing a revised factual record that more accurately reflects what happened would uphold the Crown's honour, not undermine it.

The Log Cabin Republicans» reply brief Friday said that the Justices» review of that case was opposed by the other challengers based on the argument that the Court should await the development of a full factual record at a trial on the policy's constitutionality.

They are simultaneously factual records and abstract construction.

We will build a full factual record for trial so that the Court can make the best informed decision in this crucial constitutional case,» said Julia Olson, executive director of Our Children's Trust and co-lead counsel for the youth plaintiffs, in a statement.

Given that, I don't see how Judge Roberts could meaningfully answer that particular question based on the lack of a solid factual record.»

In Bennett v. Cunningham2, the Court of Appeal for Ontario upheld a trial judge's finding of dismissal with just cause, concluding that the decision was based on a contextual approach that analyzed the entire factual record.

CCD, given its experience advocating for persons with disabilities on the issue of assisted suicide, is also able to provide unique insights into the implications of a deficient factual record on this appeal for persons with disabilities.

In the context of «social and legislative facts» — meaning facts about society at large — opinion evidence becomes all the more menacing, because it is all but impossible to cross-examine the expert against a clear factual record.

In addition, the appellate court must be sure of having the jurisdiction to consider the issue, of having a sufficient factual record on the basis of which to do so, and of being able to avoid imposing a «procedural prejudice» (par.

The LSUC was entitled to distinguish BCCT and conduct its balancing exercise in light of both the contemporary understanding and jurisprudential principles that have since been developed regarding the Charter values in play, and the different factual record from that presented to the Supreme Court of Canada in BCCT.»

Overall, the lesson these cases provide is that, at least in contested sentencing matters, the Crown is moving towards a practice of placing extensive factual records of all potentially aggravating factors before the courts.

It would nonetheless be all but impossible to provide full and complete responses to the remaining questions set forth in your letter given the important factual nuances, or to speculate as to the rights and remedies of any Person under the Rights Agreement in the absence of a fully developed factual record.

CCD and CACL included in their oral submissions their concerns regarding the incomplete and unbalanced factual record.

At the same time, the court deferred ruling on the bar's claim that LegalZoom is engaged in unauthorized practice, concluding that a more extensive factual record is required in order to explain questions such as how LegalZoom's process prepares complex documents for its customers.

This is factual record.

I don't believe that truth is found and / or given only in a factual record.

The «factual record» of Boston's school superintendent, Robert R. Spillane, apparently was not enough to satisfy the two black members of the city's five - member school committee, who have raised questions about Mr. Spillane's racial «sensitivity» and his suitability for continuing in the job.

A consumer credit report is a document that contains a factual record of an individual's credit payment history.

McKinnon is concerned with the conflict encountered when a factual record, such as a photograph, is mediated by personal memory.

«This is a part of building the factual record,» said Invenergy's Dan Litchfield.

They'll poison the factual record, misleading people who are looking for reliable scientific information about global warming,» said Weaver.

Critics of the Cybor policy, including several Federal Circuit judges, have pointed out that the approach is inconsistent with the prevailing claim construction analysis, which requires district courts to consider a factual record consisting of both «intrinsic» evidence (the patent claims, specification, and prosecution history) and «extrinsic» evidence (such as expert testimony, treatises, art references, and other facts outside the patent and prosecution).

It may be improved by experience, but the advocate must have dissected out what has to be proved, and must know the factual record cold.

When Justice Smith evaluated the threats posed by doctor - assisted suicide to persons with disabilities, she did so on the basis of a factual record composed mainly of evidence submitted by the Applicants.

For all of the above reasons, CACL, jointly with CCD, have taken the unusual step of bringing a motion to intervene on the leave application, to ensure that this Court has full insight into the deficient and unbalanced factual record, and the resulting impact on persons with intellectual disabilities, in assessing whether to grant leave to appeal in this case.

Justice Smith denied this request, depriving the factual record of additional evidence from Canada and useful critique of the Applicants» new evidence.

[46] It is important to note that the determination as to whether public policy should intervene to render the exclusion clauses unenforceable should take place after the factual record is established, at which time the trial judge will be in a position to carefully examine whether there are public policy reasons to decline to enforce the liability exclusion clauses: Tercon, para. 119.

In contrast, Genzyme suggests that the factual record may be expanded during the AIA trial to support the grounds raised in the petition.

In general, LIRC will rely on the factual record established by the appeals referee, although LIRC will (albeit rarely) allow newly discovered evidence to be presented.

Upon its detailed review of factual record, the court found that Coalson's punitive damages award were «reasonably related to her actual damages and to the degree of necessary punishment, which in this case is great.»

Developing the factual record and pleadings, researching and writing legal memoranda, amicus curiae and case briefs on transnational and international and regional human rights law and claims for use in national and / or international and regional fora, including the European Court of Human Rights.

«The subject matter of the complaint being serious and complex, I agree that it should not be determined in a summary fashion and in the absence of the factual record necessary to fully appreciate the matters in issue»: at 5.

No doubt there is some Venn diagram - type overlap between the skills required for court and mediation advocacy: ability to absorb the factual record, knowledge of the underlying legal rights.

The City of Burnaby's appeal «will resolve that constitutional issue around those bylaws, but based on a factual record,» McDade told Canadian Lawyer in early March.

Arguing a case on a factual record via video link will be a very different experience.