Sentences with phrase «finding of negligence»

Findings of negligence without evidence of professional standards: Additionally, the court found that the discipline committee improperly decided that the engineer had failed to comply with professional standards.

Among other things, the Supreme Court of Canada highlighted the trial findings of negligence in continuing to issue clean audit opinions after knowing of deliberate deception by Livent management and what Deloitte itself characterised as «aggressive, if not questionable, accounting practices» on the part of Livent management.

The investigation is still ongoing, but any findings of negligence on the part of CN railroad staff may have serious personal injury liability implications.

Most claims are settled without a finding of negligence.

Improperly stored materials and poorly maintained sites can be sufficient to support a finding of negligence in the serious injury of a pedestrian.

Justice Lauwer declined to make a finding of negligence against the solicitor, ruling instead that the plaintiff's action was statute barred.

Failure to accept the lessons from Stoll, could result in a finding of negligence, and, unlike the fortunate solicitors in this case, a hefty damages bill.

The Supreme Court of Canada will hear four appeals this week, notably Deloitte's appeal of the finding of negligence against it following Livent's bankruptcy in the late 1990s.

For the 1996 period the trial judge's findings of negligence were limited to a finding that Deloitte failed to detect that several types of entries were improperly accounted for in the financial statements.

All of these actions can lead to a finding of negligence.

Factors that support a finding of negligence include, but aren't limited to situations that might result in a citation like the driver running a red light or passing a stop sign, drifting into the bike lane, or speeding.

No financial compensation can be obtained on behalf of a client injured in a motor vehicle accident, unless there is a finding of negligence as against a third party.

Failure by members or registered firms to act in accordance with the mandatory requirements may lead to a finding of negligence against a surveyor as the court is likely to take account of the relevant statements in cases where allegations of professional negligence are made against a surveyor.

This was an appeal by the City of Salmon Arm from a finding of negligence for injuries suffered when the claimant tripped over the metal base of a broken traffic sign that was protruding from a sidewalk.

[83] In my opinion the finding of driving without due care and attention in Provincial Court was akin to a finding of negligence against Mr. Weidmann, because his manner of driving was found to have departed from the standard of a reasonable man and he failed to avoid liability by proving he took all reasonable care in the circumstances.

Section 8 - 1812 provides, «If a dog injures a person while at large, lack of knowledge of the dog's vicious propensity standing alone shall not absolve the owner from a finding of negligence.»

A jury trial in 2012 resulted in a finding of negligence on the part of the hospital, but jurors reportedly could not reach an agreement with regard to damages.

Imposing an onus of proof on the operator of the motor vehicle is not the same as a finding of negligence on the part of the operator of the motor vehicle.

Based upon the trial judge's finding of negligence, Doherty J.A. described the issue and conclusion on causation as follows: «On the findings of negligence made against Dr. Marsh, Mr. Van Dyke could succeed in establishing liability only if he could show that the delay of two or three days in seeking medical care after he had developed symptoms of vestibular toxicity prevented the reversal, at least in part, of those symptoms.

The Court of Appeal indicated in strong terms that if it had been required to consider the cross appeal, it would not have upheld the trial judge's finding of negligence.

The Defendant cross-appealed the finding of negligence.

A DUI conviction can be used to support a finding of negligence per se in a civil suit against an intoxicated driver.

In 1980, the same error was committed by a lawyer in England, resulting in a finding of negligence against him in the decision in Ross v. Caunters.

A finding of negligence is often based on:

The appellant argued that the finding of negligence was wrong as: (a) the relevant question was whether the appellant took the care that a reasonably careful parent ought to have taken in the circumstances; and (b) the trial judge had given too much weight to the manufacturer's instructions for use of the booster seat.

[4] On its appeal, Ontario accepts that it owed a duty of care to the Berendsens but submits that the trial judge erred in her finding of negligence.

The court of appeals affirmed the finding of negligence and observed from Werth's testimony that he might have seen the second mortgage and that this might have accounted for a hasty closing.