Sentences with phrase «issues at trial»

When this occurs, a judge must decide custody and visitation issues at trial.

By comparison, the other issues at trial were minor, or depended on these determinations of ownership.

Interim rulings concerning custody of children or access to children must be examined on a case - by - case basis to determine if the interim ruling will likely have a direct bearing on the disposition of those issues at trial, bearing in mind the specific issues and the length of time the interim ruling will be in place.

The Court noted that, while predominance «requires a determination that group, rather than individual, issues predominate,» that does not «preclude the consideration of individual issues at trial when those issues legitimately touch upon relevant aspects of the case being litigated.»

[99] Because it had framed its defence in the manner that it had, it knew that the resolution of the issues at a trial would involve the hearing of lengthy and costly evidence, including extensive medical evidence.

Vancouver Interim Spousal Support Lawyers 604-602-9000 Vancouver Interim Spousal Support Lawyers provide urgent legal assistance to ensure a spouse is properly supported until the parties can agree on a long term settlement or the court decides family issues at trial.

Evidence that has little probative value to the issues at trial, while being also highly prejudicial to the accused, is often not admissible at the trial.

The ONCA allowed this ground of appeal, but rejected the appellant husband's costs argument, noting that there were many issues at trial and it was unclear that this error materially affected the trial judge's costs order.

If, ultimately, there are issues at trial that involve the petitioner's statements, they will have to be resolved by the trial judge.

In addition to his general trial experience, he has extensive experience as a member of national trial teams for pharmaceutical manufacturers in presenting and cross-examining witnesses testifying on scientific issues at trial.

Neither of these pieces of «evidence» was relevant to the actual issues at trial.

Major issues at trial were the extent and duration of Allied's breaches (Allied had alleged that they were relatively minimal), the correct method of calculating damages, and the merits of Allied's counterclaim that Atlantic had failed to pay a portion of the charges agreed to for the recyclables.

The issues at trial were whether or not Norris was mentally sound enough to be criminally responsible for Reardon's death, and if so, whether or not the killing included the intent and planning required for first - degree murder.

Confidentiality orders covering discovery are usually extended or modified by the trial judge to address confidentiality issues at trial.

(B) the impact of entry of such judgment upon competition in the relevant market or markets, upon the public generally and individuals alleging specific injury from the violations set forth in the complaint including consideration of the public benefit, if any, to be derived from a determination of the issues at trial.

Lawyers for Mangano say they won't pursue the issue at trial, but they requested broad latitude to ask Singh about his illegal conduct with de Blasio and his efforts to obtain a benefit by cooperating against the mayor.

[10] The issue at trial related to the timing of the «triggering event» in which the commission would be payable.

The trial judge also denied husband's request for court to temporarily suspend («stay») the effect of the orders issued at the trial.

As the plaintiff submits, the issue of liability was the primary issue at trial.

The issue at trial was one of causation, that is, did this accident (which apparently did not cause a lot of vehicle damage) cause the Labral tear?

[8] In Faedo v. Dowell and Wachter, M064051 (October 19, 2007) Vancouver, Curtis J. held that in a situation where the defendant put the plaintiff to the proof of having suffered any injury at all, thus making her credibility a crucial issue at trial, it was reasonable for the plaintiff to require the assistance of counsel.

If the defense team requires such records to be produced because they are relevant to the issue at trial, they must make an application to the presiding judge or justice.

[6] The second factor I have considered is the defendants» relative success on the most contentious issue at the trial.

The test has three prongs and is follows: the evidence must be of a specific instance of sexual activity, the evidence must be relevant to an issue at trial and finally the evidence's probative value must significantly outweigh its prejudicial effect on the case.

ICBC admitted liability for the car accident and the main issue at trial was quantum.

The sole issue at trial was identity.

The Court of Appeal held that the failure to raise this issue at trial could be a bar.

In cases where the issue is whether or not the documents exist, the existence of the documents is likely to be an issue at the trial and there is a particular risk of a court at an interlocutory stage impinging on that issue).

The principal issue at trial was the identity of the driver at the time the officer was struck.

Barker attempted to argue that Spreeuw was not entitled to an award of fees because she didn't do much better on that issue at trial than his settlement offer proposed.

Since custody was the primary issue at trial, it is not surprising that the court affirmed the award of attorney's fees.

The cause of the Plaintiff's back pain was at issue at trial.

'' [t] he sexual activity that forms the subject matter of the charge, unless the evidence is of specific instances of sexual activity, is relevant to the issue at trial, and has significant probative value that is not substantially outweighed by the danger of prejudice to the proper administration of justice.»

The only issue at trial was whether the second accident had aggravated or prolonged the effects of the first car accident injuries.

If relevant to an issue at trial, financial...

The issue at trial was whether the ruptured disc was caused by the first or second accident (apparently no - one blamed the third accident as a potential cause).

As such, there is no «right» to a predetermined rate of PJI and to the extent there is a right, it does not crystallize until the trial judge determines the issue at trial.

Specific topics which have been covered in recent conferences include judicial ethics; interpreters; delivering reasons for judgment; assessing credibility; social media; technology and search warrants; managing a provincial offence trial; effectively communicating an oral judgment; risk assessment and indicators of lethality at bail hearings; the Youth Criminal Justice Act; eye - witness identification; conducting pre-trials; specific issues at trials of regulatory offences; fly - in - courts, residential schools; application of Gladue principles; mistrials and bias; accident reconstruction; search warrant issues; domestic violence issues; orders for examination under the Mental Health Act; child apprehension warrants under the Child and Family Services Act; evidentiary issues; discrimination and harassment in the workplace; stress management; and pre-retirement planning.

In personal injury litigation the credibility of the Plaintiff is usually a key issue at trial and for this reason Rule 18 - A is rarely used.

The only issue at trial is the extent to which the driver was liable.

The only issue at trial was whether Mr. Marshall possessed a treaty right to catch and sell fish under a treaty with the British Crown in 1760.

The key issue at trial was whether Mr. Sekhon knew about the cocaine that was secreted in the pickup truck he was driving.

In the plaintiff's view, the duty of good faith was a live issue at trial; witnesses were asked about it, and CAFC argued the issue in their final written submissions to Justice Moen.

Party's Failure to Raise an Issue at Trial Will Almost Certainly Prevent Appellate Review of That Issue, Indiana Injury Lawyer Blog, March 27, 2017

For one thing, he finds, the respondents made the deliberate decision not to raise the issue at trial, and must now live with the consequences of their choices; although they say their financial situation prevented them from arguing the constitutional point at first instance, there is no reason to believe that it has now changed.

HHJ Parker accepted D's arguments that, in reality, the great majority of the costs incurred by both parties were in relation to C's main case (the splenectomy) and that C had lost every contested issue at trial.

In Perez v. Pinto [2013] O.J. No. 1348, the Plaintiff's credibility was a central issue at the trial.

Damages were agreed at $ 12 million and the only issue at trial was liability.

The sole issue at trial was... [more]

Whether they actually became adverse was very much an issue at trial.»