Sentences with phrase «findings of fact»

The greatest functional distinction between a trial and an appellate tribunal is the former's responsibility to make findings of fact.

Finally, the Court of Appeal was also deferential to the Board's exclusive jurisdiction over findings of fact.

Is it that you think the electronic records being produced and relied upon in court today are not reliable and therefore lead to erroneous findings of fact by the courts?

In the Canadian system, a jury isn't required to give reasons for its findings of fact.

It seems to me that what is contained in the hearsay evidence is entirely consistent with my findings of fact in the live evidence.

These authorities are not to be taken as meaning that the findings of fact made at trial are immutable, but rather that they are not to be reversed unless it can be established that the learned trial judge made some palpable and overriding error which affected his assessment of the facts.

In the case of Re L and B, children [2013] UKSC 8, [2013] 2 All ER 294 Lady Hale confirmed that FPR 4.1 (6) was the procedure by which one should challenge findings of fact.

Appellate courts traditionally treat findings of fact with deference in recognition of the advantage the trier of fact holds, having seen and heard the witnesses.

In cases that call for multiple findings of fact on the basis of conflicting evidence emanating from a number of witnesses and found in a voluminous record, a summary judgment motion can not serve as an adequate substitute for the trial process.

He accepted the housing association's live evidence rather than the appellant's live evidence and he found the hearsay evidence entirely consistent with (his) findings of fact in the live evidence.

The politics of s. 92 aside, it seems to me that it won't be a good thing for the respect accorded by the public to the common law realms in the country if there's a provincial / territorial difference on something as basic as when the but - for test applies, so that Ms. Clements, on the the trial judge's findings of fact, would succeed everywhere in common law Canada other than in BC, so long as the judges are not prepared to adopt the BC law.

As Pill LJ noted, «[w] hether a complete ban is justified depends on findings of fact which the court may not be in the best position to make» (para 96).

The majority held the but - for test was the applicable test but the trial judge's errors of law were such that the Court couldn't decide what he would have done, on his findings of fact, had he applied the law correctly.

In considering the findings of fact aspect, when acting for either party, it is helpful to provide the tribunal panel with a full list of outgoings in advance of the hearing, that either the PWC or NRP believes is applicable to the circumstances of the case.

If I find that the plaintiff has proven that he met the threshold, I would not only be making findings of law, but I necessarily would have to disagree with the findings of fact that are implicit in the jury's decision.

The dissenting judges would have dismissed the appeal becuase they disagreed with the majority's view of the trial judge's findings of fact.

In his view, the trial judge was under no misapprehension of the facts, and her reasonable inferences from the evidence and findings of fact amply supported her conclusion that the Appellant impliedly consented to Mr. Tessman operating the vehicle.

The coroner, being the primary judge of fact, is entitled to substantial respect in his fact - finding role and in the inferences which he draws from his findings of fact; the Divisional Court should therefore be slow to characterise his conclusions as unreasonable in the Wednesbury sense.

Having made findings of fact in relation to the possession claim, the judge did not make the same findings in relation to the application to commit, holding that the evidence did not satisfy the criminal burden of proof.

In this judgment, the judge will outline the matters in dispute, the parties» positions, the judge's findings of fact and the law relevant to the application, and explain how the law relates to those facts.

In Reilly v. Lynn, 2003 BCCA 49, at para. 92 Southin J.A. (dissenting — the majority specifically disavowed these comments — 2003 BCCA 49, at para. 96), discussing the scope of appellate power to review lower court findings of fact, wrote: «So far as I am concerned what underlies my raising this point is that I have concluded that justice, in the broad sense, is served more often by getting the facts right than by worrying about what the law is.»

The special commissioner made the following findings of fact: - Mr L was one of the beneficiaries of the trust set up by him.

On the findings of fact made by Mr Justice Holland, the plaques had no effect on the health of the appellants.

But, the word «decision» also has another sense that means the document officially setting forth the decision about a matter that was made by an official or judge (sometimes also called an «opinion» or «findings of fact, conclusions of law and order» or «order» when made by a judge).

On appeal, it was conceded that the judge's decision had been wrong as, on the judge's own findings of fact, if the RTA was to be ignored then the claimant would have still been able to earn sums, at least equivalent to those she had received as a care assistant, at the end of the acceleration period as a seamstress.

Southall appealed, contending that the panel was wrong to make certain findings of fact that were central to the conclusion of serious professional conduct and was wrong to impose erasure, the most severe sanction available.

There are no findings of fact explaining how she came to be 19 years of age but without a high school education.

In determining the amount and duration of the final spousal support or alimony pendente lite award, the trier of fact shall consider the factors in Rule 1910.16 - 5 and shall make findings of fact on the record or in writing.

Involves not just the exercise of discretion, but also the findings of fact on the basis of which discretion is to be exercised.

The Court of Appeal was careful not to conclusively weigh in on any substantive outcome — «A proper understanding of Precision's conduct is not possible until the trier of fact has made findings of fact on the relevant issues» (see para. 46) and that, with respect to the effect of the exclusion clause, a «trial judge would be in the best position to assess whether the evidence with respect to the allegations of fraud would warrant the intervention of public policy in this matter».

As I recently wrote here, a judge's attorney's fee order is automatically subject to reversal if it doesn't contain detailed findings of fact explaining...

Furthermore, the Supreme Court determined that a trial judge's findings of fact on a Charter application can «only be undermined in limited situations, not applicable in this case.»

We agree [with the Second and Eleventh Circuits] that courts generally can not take notice of findings of fact from other proceedings for the truth asserted therein because these are disputable and usually are disputed.

She regularly appears in the Court of Appeal where the issues have included the revocation of placement orders, and appeals against findings of fact.

If a tribunal's decision may turn on findings of fact made from conflicting evidence or on the credibility of witnesses, there may be a right to an oral hearing and cross-examination of those witnesses.

The SCC's decision did not allow for much flexibility and went against one of the usual practices of appellate courts — to give deference to the Copyright Board in findings of fact (fairness in claims of fair dealings is one such finding of fact).

Throughout the judgment, the trial judge made findings of fact that amply justified the trial judge's ultimate credibility findings and fully explained to the reader the reasons for that finding.

The trial judge made findings of fact and credibility against the appellant and in favour of the lawyers, which led him to conclude that the services provided by the lawyers were necessary and of benefit to the appellant.

Once the papers have been logged, checked, and reviewed, a judge or referee must sign the documents which are to become orders — the Judgment of Divorce, the Findings of Fact and Conclusions of Law, and, where applicable, other orders such as the Qualified Domestic Relations Order and the Qualified Medical Child Support Order.

Based on the Court of Appeal's review of the record, the trial judge's findings of fact supported his conclusions and were fully supported by the evidence led at trial.

For findings of fact, the «substantial evidence» standard is similar to the jury review standard, though with a mood that is a little more searching.

Shtaif challenged that conclusion, not on the ground that the trial judge erred in her findings of fact, but on the basis that the respondents failed to plead unlawful conduct conspiracy «with any precision or particularity».

Cases with a voluminous record, calling for multiple findings of fact, would generally not be.

In some of the cases, as, for example, Moore v. Wienecke (ONCA) decided pre Resurfice on Athey mc but affirmed post Resurfice on the basis that the trial judge's decision amounted to but - for findings of fact.

Sir Anthony Clarke MR relied on certain key findings of fact regarding this second proposition, namely that there were 6,000 police officers on the day deployed on the streets.

Matters get more complicated when allegations of discrimination, victimisation and constructive dismissal are before the tribunal, due to the positive requirement to make findings of fact.

Similarly, the Court found no palpable or overriding error in any of the judge's other findings of fact, and noted that the Appellant did not dispute that she originally moved to Canada on a temporary basis.

If this were a common law case, the SCC would have been bound by the trial judge's findings of fact unless there was reversible error.

But not Fullowka where both the NWTCA the trial judge's analysis was a material contribution analysis which did not amount to but - for findings of fact.

A judge's findings on the two questions are findings of fact.