Sentences with phrase «justice of the case»

Ruling on the application for separate trials on Tuesday, the judge held that she agreed with the prosecution that there was the need to severe the trial of Kanu from that of others in order «to meet the justice of the case.»

In accordance with the real merits and justice of the case, no penalty should be imposed on the employer.»

«The court must make an evaluative judgment whether it would be unconscionable, or unjust, to leave the mistake uncorrected, and form a judgment about the justice of the case.»

«The principle, then, upon which our courts of law act is to enforce the performance of contracts not injurious to society, and to administer justice to a party who can make that justice appear, by enlarging the legal remedy, if necessary, in order to attain the justice of the case; for the common law of the land is the birth - right of the subject...

The exercise of the power under 27.14 (2)(g) was not the answer to the justice of the cases under consideration.

The Standard of Proof is the balance of probabilities based on all evidence presented, appropriately weighted in accordance with its credibility, with each case decided on the individual merits and justice of the case.

Even if a claim is technically out of time, claimants will be able to seek the discretion of the court to allow the claim to proceed based on the facts of the case, the justice of that case, the balance of prejudice and whether a fair trial can be held.

All questions affecting the justice of the case will not be before the trial judge.

In Carpenter, the ONCA dismissed the appellant's motion for an extension of time on the basis that the justice of the case did not warrant an extension.

In chambers, van Rensburg J.A. dismissed the appellant husband's motion, primarily on the basis that the «justice of the case» did not require an extension of time.

Moreover, the SCC endorsed the perspective that ``... while there is a prima facie presumption of inadmissibility, exceptions will be found when the justice of the case requires it».7 The SCC stated that «countervailing interests» have been found to include allegations of misrepresentation, preventing a plaintiff from being overcompensated, as well as fraud or undue influence.8

Once again, the tribunal has full discretion to decide the rates and rests of such an award as it considers meet the justice of the case.

72 - year - old injured worker Jimmy Velgakis begins a second hunger strike outside the WSIB offices to get a fair decision based on the merits and justice of his case (for a back injury).

The statute does state in s. 250 (2) that although the Tribunal must make decisions on the individual merits and justice of the case, they must apply the relevant policies of the Board.