Sentences with phrase «in reasonable apprehension»

For example, if a driver intentionally tries to run a person over with their vehicle and that person is placed in reasonable apprehension of imminent physical injury, the driver can be charged with aggravated assault.

Place the victim or a third person in reasonable apprehension of imminent physical injury to the victim or the third person; or

California law requires that the person making the threat (a) intend for it to be taken as a threat and (b) put victims in reasonable apprehension of fear.

Intentionally putting another person in reasonable apprehension of an imminent harmful or offensive contact.

Physical threat means conduct that places a person in reasonable apprehension of imminent, serious physical harm and includes any attempt or actual infliction of physical harm.

Not exact matches

A REASONABLE PROPOSITION The less - strong consensus of AMS members regarding climate - change is induced mainly by the relatively weak mathematical skillset of AMS members, in combination with a (legitimate) apprehension among AMS members that increasing computer power is eroding the economic value of human meteorological prediction skills.

The issue in Jacob Securities Inc. v Typhoon Capital B.V., was whether an arbitrator's failure to disclose a potential conflict of interest involving his former law firm gave rise to justifiable doubts as to his independence or impartiality and a reasonable apprehension of bias.

It ruled Stroud had showed a «reasonable apprehension of bias» in favour of one of the parties.

In her 21 - page decision yesterday removing Stroud, Justice Cindy Bourgeois noted: «The comments would certainly contribute to a reasonable person concluding there was a reasonable apprehension of bias, and that the provincial court judge's mind was not «perfectly open'to the positions of both parties.»

He further submitted that the judge erred in finding that there was a reasonable apprehension of harm based on the evidence.

Ripley filed an application for Stroud's removal before the Supreme Court and argued at the hearing last month in Sydney that viewed collectively Stroud's comments amounted to a reasonable apprehension of bias.

A finding of reasonable apprehension of bias in these circumstances may make it more difficult for future arbitrator - practitioners in specialized areas.

Fault for a divorce in Virginia may be attributable to adultery, felony conviction and imprisonment, cruelty or reasonable apprehension of physical harm, or abandonment and desertion.

The Court of Appeal held that in this case, there was a reasonable apprehension of a conflict between the interests of Reeb and RSA, which precluded the Court from ruling on the merits of the appeal.

Section 35 says you're justified in using force if «on reasonable grounds» you have the «reasonable apprehension» that you might be killed or grievously harmed.

The Court of Appeal applied the test as established in its recent decision of Hoang v. Vicentini2 to determine whether there was a reasonable apprehension of conflict of interest on the part of counsel appointed by the insurer:

In other words, he has accused her of intentionally causing him to experience a reasonable apprehension of impending violence.

The Guarantee Company of North America1 is an application of the test for reasonable apprehension of a conflict of interest in the context of insurer appointed defence counsel.

The «reasonable apprehension of bias» test for judicial disqualification has been a fixture of Canadian law for many years, at a minimum since its formulation in... [more]

Groia is seeking to have Wardle recused from that panel because as Canadian Lawyer reports, ««There is a reasonable apprehension of bias arising from the fact that partners and associates at Mr. Wardle's firm, Wardle Daley Bernstein LLP, regularly represent the Ontario Securities Commission as prosecutors and are closely involved in proceedings at the OSC and that Wardle LLP also regularly represents the Law Society of Upper Canada as prosecutors in discipline proceedings,» wrote Groia's counsel, Earl Cherniak, in a June 5 notice of motion.....

Reasonable Apprehension of Fear: In order to be convicted for making criminal threats, your statement must make the victim fearful for his or her safety, or the safety of an immediate family member.

The Ontario Court of Appeal has again confirmed that an insurer's contractual right to control a defence must yield to the interests of its insured where its coverage position creates a reasonable apprehension that defence counsel would be in a conflict of interest.

Commission scolaire francophone du Yukon no. 23 v. Yukon (Procureure générale), 2014 YKCA 4 There is a publication ban in this case, in the context of a recusal motion based on alleged reasonable apprehension of bias.

Where reasonable apprehension of bias has been found, it is often in conjunction with other statements and contextual factors at hand.

The legal test is thus one of reasonable apprehension which is the sole standard for judicial disqualification in Canadian law.

The informed person, in deciding whether there is a reasonable apprehension of bias, would also understand the nature of the process of mediation / arbitration.

For example a threat to harm combined with raising your fists in a threatening manner may be sufficient if it causes reasonable apprehension of harm in the victim.

While the Court of Appeal clearly rejected the Appellant's submission that the Motion Judge's comments raised a reasonable apprehension of bias in this case (describing the argument as «baseless» at para. 7), the Court of Appeal did not wholeheartedly endorse the approach taken by the Motions Judge either:

First, the applicant argued that the actions of the Dean, in the initial process leading to the applicant's suspension, gave rise to «a reasonable apprehension of bias.»

«In the particular circumstances of case, there is a reasonable apprehension of a conflict of interest if counsel were to act for both the insurer and the insured.»

The lower court found that Arris did not have standing, since there was no Article III case in controversy, because there was no adverse legal relationship, or reasonable apprehension of imminent suit.

The other members of the court (Simmons J.A. and Cronk J.A.) in separate concurring reasons, did not frame the proposition as broadly and cautioned that the jurisdiction to effect error correction will be precluded where it is tantamount to a reconsideration of the verdict or sentence or where issues of unfairness or injustice to the accused or reasonable apprehension of bias arise: (per Cronk J.A. at para. 60).

Garwill Law provides expert legal advice on customs and excise, tariff and excise tax, international trade law, constitutional and Charter law, immigration determinations, and administrative law (such as procedural fairness, reasonable apprehension of bias, or due process in courts and tribunals).

More severe penalties apply to anyone who tampers with a food commodity rendering it injurious to human health or causing a reasonable apprehension in others that it is injurious to human health, or knowingly or recklessly communicates information with the intent to cause a reasonable apprehension in others that a food commodity was tampered with in order to render it injurious to human health.

I would have loved to have been in the classroom with him when reasonable apprehension of bias was discussed.

Appeal Board decision: The Investigative Committee appealed the panel's decision to the Appeal Board of APEGA, which quashed the panel's decision and remitted the matter to a differently - constituted discipline panel for a new hearing; the panel erred in finding that the Investigative Committee had to approve specific charges, and in finding that the referral by the Investigative Committee was tainted by a reasonable apprehension of bias.

The mere fact that an adjudicator determines a request for reconsideration of his or her own decision does not, in and of itself, create a reasonable apprehension of bias in the context of this legislative scheme.

Teitelbaum J. applied the test for reasonable apprehension of bias in Committee for Justice and Liberty v. National Energy Board,

In the context of this case, Cory J. held that the comments by the trial judge were «unfortunate», «worrisome» and «come very close to the line» but when considered in light of the submissions and evidence in the case, did not in his view give rise to a reasonable apprehension of biaIn the context of this case, Cory J. held that the comments by the trial judge were «unfortunate», «worrisome» and «come very close to the line» but when considered in light of the submissions and evidence in the case, did not in his view give rise to a reasonable apprehension of biain light of the submissions and evidence in the case, did not in his view give rise to a reasonable apprehension of biain the case, did not in his view give rise to a reasonable apprehension of biain his view give rise to a reasonable apprehension of bias.

The well - known test for reasonable apprehension of bias is set out in Committee for Justice & Liberty v. Canada (National Energy Board), [1978] 1 S.C.R. 369, at p. 394:

In applying the reasonable apprehension of bias test, courts apply a strong presumption of adjudicative impartiality and integrity: Terceira v. Labourers International Union of North America, 2014 ONCA 839 (CanLII).

In this respect, the Appeals Court referenced the «undisputed test for reasonable apprehension of bias» as summarized by the Supreme Court of Canada in the 2015 case Yukon Francophone School Board, Education Area No. 23 v. Yukon Territory (Attorney GeneralIn this respect, the Appeals Court referenced the «undisputed test for reasonable apprehension of bias» as summarized by the Supreme Court of Canada in the 2015 case Yukon Francophone School Board, Education Area No. 23 v. Yukon Territory (Attorney Generalin the 2015 case Yukon Francophone School Board, Education Area No. 23 v. Yukon Territory (Attorney General).

A recent lower court decision in Ontario (Robinson v Lepage, 2015 ONSC 3128) found that a paralegal firm's online donation to a part - time Small Claims court judge for a charity bike race raised a reasonable apprehension of bias.

«There is a reasonable apprehension of bias arising from the fact that partners and associates at Mr. Wardle's firm, Wardle Daley Bernstein LLP, regularly represent the Ontario Securities Commission as prosecutors and are closely involved in proceedings at the OSC and that Wardle LLP also regularly represents the Law Society of Upper Canada as prosecutors in discipline proceedings,» wrote Groia's counsel, Earl Cherniak, in a June 5 notice of motion.

Theoretically, by intervening in a robbery in a non-physical way an individual could then become the target of an assault and invoke s. 35, but that would involve deliberately placing oneself under a reasonable apprehension of «grievous bodily harm.»

In determining whether there is a reasonable apprehension of bias, the hearing record must be assessed in its totality, rather than assessing isolated occurrenceIn determining whether there is a reasonable apprehension of bias, the hearing record must be assessed in its totality, rather than assessing isolated occurrencein its totality, rather than assessing isolated occurrences.

In this case, not surprisingly, a reasonable apprehension of bias was found.

And of course there's the reasonable apprehension of risk requirements and use of proportionate force that are involved in all of these defences.

Three judges of the Court dissented and found the comments did create a reasonable apprehension of bias, as it suggested factors not in evidence influenced the trial judge's determination of credibility.

The panel members stepped down but in their wake they left the process in disarray — their recusals meant the review was tainted by a reasonable apprehension of bias.