Sentences with phrase «judge makes an error»

The appeal was allowed as the trial judge made an error by failing to provide jury with a proper summary of the evidence, having referred frequently to the claimant's «entitlement» to compensation, without adequate emphasis on the question of legal causation.

The Court of Appeal disagreed that the trial judge made this error.

Importance: The C.A. held the trial judge made no error in admitting the agreed statements of fact.

If you have been involved in a civil dispute, and taken your case to trial, only to get an unfavorable result because the judge made an error, you want an experienced lawyer to help you assess and protect your rights.

The Court of Appeal found that the trial judge made an error of law by ignoring the legal doctrine that an agreement that is signed in counterparts forms a binding agreement as demonstrated in Foley v R., [2000] 4 CTC 2016 (TCC).1

With respect to the second issue, the Court of Appeal determined the Trial Judge made no error.

The main issue is whether the trial judge made errors that led to an unreasonable verdict.

Appeal: If a judge makes an error of law or fact on a decision, another «higher» court will hear an appeal of the decision.

The Court of Appeal concludes the Application Judge made no error; Mr. Bourgeois» appeal is dismissed with further costs payable to the respondent in the amount of $ 6,000, including disbursements and HST.

If a Georgia appellate court holds that a lawyer, judge or jury made an error during the trial, or that a judge made an error in deciding a motion for summary judgment, the appellate court can reverse the trial court's decision or order a new trial.

R. v. Jackson, 2014 SCC 30 (35622) Abella J.: «The trial judge made no error in determining... the minimal probative value of the proposed evidence... substantially outweighed by its prejudicial effect».

Ultimately, except where sentencing judges make an error of law or an error in principle that has an impact on the sentence, appellate courts may not vary sentence unless demonstrably unfit.

R. v. Davis, 2014 SCC 4 (35327) LeBel J.: ``... the trial judge made an error in allocating the burden of proof.

C.A., Oct. 17, 2013)(35622) Judgment rendered Apr. 23, 2014 Abella J.: — ``... [no] basis for interfering with the reasons of Gillese J.A. and, in particular, with her conclusion that the trial judge made no error in determining that the minimal probative value of the proposed evidence was substantially outweighed by its prejudicial effect».

The judge made no error in principle, nor did he misapprehend the facts in this regard.

Your conclusion is that the SCC will decide the appellate judge made errors sufficient to allow the SCC to allow the appeal.

Chief Justice Finch (dissenting) held that the trial judge made no error with respect to her application of s. 7 and corresponding analysis under s. 1, agreeing that Rodriguez considered the right to liberty and security of the person, but not the right to life or the principles of overbreadth and gross disproportionality.

The motion judge made no error, much less a palpable and overriding error, in concluding that Apotex would have received a NOC for Apo - lansoprazole on April 17, 2007, if the s. 6 proceedings had not been commenced by the appellants.

The Court of Appeal found that the motion judge made no errors and that his factual findings were available to him on the evidence.

Not exact matches

«Now the appellate court will need to review errors» made by the judge, attorney John Beisner said in an e-mailed statement.

When he was hot doing everything attacking and defensive those so - called best players carrying Arsenal on their shoulders were burzy making errors and you were here appreciating him; but why do you only judge from wrong edge always?

Judge Kaye found that Governor Paterson and his advisers had made errors of judgment in their handling of the case, but that their actions had not been criminal.

If a manager (say, the PI of an academic biomedical research lab) assumes that they're more qualified to judge their employees» performance than they really are, what management errors do they typically make?

After looking at 10,000 profiles from both men and women, Grammarly found that women make almost twice as many grammatical errors per every 100 words than men do, but are less likely to be judged by men for their grammatical errors.

Hoehn's relaxed tone helped me read through this quickly and even when she pointed out errors I was making, I never felt personally judged.

The government might apply to the Court of Appeal over a High Court judge's ruling ministers made an error of law over the new religious studies GCSE.

Make your writing error - free to impress your scholarship judges.

«We contend that the primary judge made a series of fundamental errors in her disposition of the interlocutory application,» lawyers representing Samsung said to the appeals court judges.

Many books on many other breeds have made the same error; even some written by well - known judges who should have known better than to report on something they did not experience in real life.

«He said such letters usually try to make a case that the verdict was in error, but in this case, the judge said, no one quarreled with the guilty verdict... Morrison said it was clear from letters written by Dauphine's colleagues that «her career, if not over, it's in grave jeopardy.»

As you drive, the points at which these tracks converge could see you heading off onto a different section of track, and without a mini-map in the corner this makes judging braking points and setting up racing lines near impossible with trial and error.

Is Trenberth saying that we are making too many Type II errors when we don't judge these models incapable of making useful predictions about future climate?

«Peabody's scientists made errors that were easy to identify and point out to the Judge.

Now that we know M&M weren't wrong in their criticism of MBH, it should make us wonder how many similar errors are hiding in the other papers, the ones NAS referred to in judging that the conclusion might still be «plausible».

Please show cites to the actual cases where you believe specific errors of the type you describe are made, so we can judge whether you are mouthing preconceived notions by rote, or saying something relevant and generally applicable.

[53] We can not be certain what the trial judge would have concluded had he not made the errors I earlier described.

In its decision, the Ontario Court of Appeal noted the trial judge «made many errors» stating the original interpretation did not take into consideration that a two - step process involving consultation by both the province and the federal government is unnecessary, as the treaty right is protected.

The Appeal Court ruled in her favour, finding that the motion judge had made several procedural errors.

In 2014, the judge granted us a retrial after making an error in reading the charge.

14 The Crown submits that there was no error, since it was open to the trial judge to make those findings of credibility on the evidence presented before him.

Husband also argued the trial judge made a number of errors regarding the division of the parties» property, regarding the division of a tax debt, and other issues.

The Divisional Court therefore overturned the trial judge, finding that there was an error in failing to enforce the clear terms of the employment contract that the plaintiff had signed that made reference to a probationary period of 6 months.

The Ontario Court of Appeal, MacPherson, J.A., dissenting, held that the trial judge misdirected the jury on the use it could make of the accused's post-offence conduct and the error was fatal to the conviction.

The Court of Appeal concluded that the original trial judge had not made an error in characterizing the dispute:

The error by the lower court: The Court of Appeal decided that the judge below made errors when she set aside the order of the inquiry committee.

The Court of Appeal found that trial judge made palpable and overriding errors of fact and an extricable error in law that justified intervention vis - a-vis the above - noted agreement.

The Court of Appeal found that the original trial judge did not make an error in applying the test, or in concluding that the breach of contract by the employer did not constitute a «substantial alteration to an essential term of the contract» or «an intention not to be bound by the contract».

The Bar Standards Board (BSB) has issued an unprecedented apology this week to leading silk and Deputy High Court judge Khawar Qureshi QC for «significant errors and avoidable delay» in handling unfounded allegations made against him.

Briefly, the motion judge made a reversible error by taking a literal approach to the offer and acceptance and failing to consider the factual matrix when interpreting the concluded agreement.

In the unanimous decision, the appeal court agreed that Judge Lenehan had made several errors in law.