Sentences with phrase «issue of credibility»

, specifically addressing issues of the credibility of experts in investment and commercial arbitration.

Domestic situations are even more complicated and often involve issues of credibility and cross examination becomes an important component of the case.

The decision provides useful support for the ability of a respondent to succeed on an application to dismiss a complaint, despite the presence of some conflicting facts raising issues of credibility.

Such inquiries were sure to engage issues of credibility.

To do so would require findings of fact on conflicting evidence and including issues of credibility.

It is the skilled lawyer that can extract the smallest fact or otherwise missed piece of evidence and turn it into a major issue of credibility and reasonable doubt.

Most cases of sexual assault are a «he said, she said» situation and involve issues of credibility and reliability.

There is palpably more of a risk that the truth will not be forthcoming if a citizen is unable to challenge an accuser, than if the accuser, on issues of credibility be identified to the defendant.

A lengthy probing cross-examination revealed serious issues of credibility and reliability of the complainant and the obvious motivation to fabricate the allegations to gain custody back of the children.

As well, to the extent that I am unable to resolve issues of credibility between the parties, he argued I should hear oral evidence from Ms. Lachan and Dr. Pershad in a «mini-trial» in order to determine those issues.

It seems clear to us that the crucial issue of the credibility of the Company's Board and management has been identified both outside and inside the Company.

Although this appeal does not raise only issues of credibility, I agree with the majority of the Court of Appeal that the trial judge's decision was reasonable, was supported by the evidence and that he had committed no error in the application of the relevant law to the facts.

7.5 RULE: WCAT will normally grant the appellant's request for an oral hearing where the appeal involves a significant issue of credibility, where there are significant factual issues in dispute, and / or where there are other compelling WCAT reasons for convening an oral hearing (e.g. where an unrepresented appellant has difficulty communicating in writing or in English).

Sometimes, however, the case has to go to trial, and in that case, complicated issues of credibility need to be resolved and the client needs effective representation — both to challenge the Crown's case and to present their own.

After considering all of the evidence, the trial judge noted that there were serious issues of credibility and reliability regarding the complainant's evidence and the Court was unable to find beyond a reasonable doubt that the complainant had not consented to the sexual contact.

In addition to the nature of the supervisor's conduct, issues of credibility of both parties and the particular attitude of the Grievor played a role in the arbitrator's dismissal of the claim.

It's really an issue of credibility.»

The issue of credibility played a considerable role in his thought.

«There's an issue of credibility here,» said the judge — a week after the agency's chair, Shola Olatoye, stepped down amid accusations that she'd lied about lead paint inspections for some 55,000 units.

«The fact that we can even ask a candidate for comptroller about being Client No. 9 speaks to the issue of credibility in the capital market.

With his party still behind Labour in the polls and struggling to escape the shadow of Ukip, the prime minister closed a defiantly upbeat party conference in Birmingham by saying the next election will be fought on the issue of credibility and urging voters to trust his promises.

(And there's still the issues of credibility and timing.)

If it's an issue of credibility, then that begs the question: Is someone less credible if the name of his or her book is on everyone's lips?

There is also the issue of credibility.

This means that issues of credibility are not appealable.

Furthermore the Court of Appeal was of the view on the issue of credibility that it was not open to the trial judge to discount the claimant's reports to doctors as exaggeration because of his account of the accident unless the judge concluded the claimant was not so informed, a finding that the judge did not make and an issue he did not address.

BC Injury Law And ICBC Claims Blog «The Use Of An Interpreter, On Its Own, Is Irrelevant To The Issue Of Credibility»

[52] Second, the issue of credibility is important to the issue of fault, and, I am told, to the issue of quantum.

... 185 For these reasons, we conclude that the trial judge did not err in allowing the trial Crown to cross-examine Mallory about his bail testimony on the issue of his credibility.

In Singh v Canada (Minister of Employment and Immigration), [1985] 1 SCR 177, a refugee determination case, the Supreme Court agreed that an oral hearing was not always required, but stated that where a serious issue of credibility is involved, «fundamental justice» requires that credibility be determined on the basis of an oral hearing.

In this case, counsel for the union member submitted that the issue of credibility of a witness constituted an exceptional circumstance.

The issue of credibility is an issue well within the experience of judges and juries and one in which no expert evidence is required.Further, the admission of polygraph evidence will serve no purpose which is not already served.

[44] By filing its Re-examination Request after the commencement of the present infringement action before this Court, the defendant is merely attempting to avoid dealing with the issue of credibility surrounding its alleged prior art.

Aboriginal treaty rights have been constitutionally recognized for over 30 years now and thus far the Supreme Court of Canada hasn't really put any sort of force behind it and it's starting to become an issue of credibility,» says Nahwegahbow.

«There's been an issue of the credibility and integrity of our industry.