Sentences with phrase «learned trial judge»

«The learned trial judge did not find that the first appellant exercised his powers for unlawful purpose or in bad faith but bona fide.

«The learned trial judge took a very narrow view of the intendment of the statutory powers and responsibilities given to the appellants.

We would not want to leave this case without adding that we are in complete sympathy and agreement with the penultimate paragraph of the learned trial judge's reasons.

OHIP is the product of a socially conscious society, but we agree that in situations such as the instant one «an enlightened and compassionate society», to use the words of the learned trial judge, should do more.

Accordingly, for the very full and thoughtful reasons given by the learned trial judge the appeal is dismissed.

The learned trial Judge dismissed the objections and an appeal to the Court of Appeal suffered the same fate of dismissal.

The facts accepted by the learned trial Judge and confirmed by the Court of Appeal was that the Appellant bathed the deceased with an acid having laid ambush for him.

[34] The first is the learned trial judge's approach to the issue of liability.

After some discussion and because the witnesses had been excluded from proceedings the learned trial Judge then stated: «I don't think I required them, Mr. Murphy.

The appellant having elected to call evidence he then advised the learned trial Judge that he was going to call the appellant's wife and then the appellant.

The learned trial judge found as a fact that the appellant killed the bear in self - defence and not with a view to selling, exchanging or bartering its hide.

J.E., [1994] B.C.J. No. 575 (BCSC): 15 The learned trial judge concluded that the failure to reside and a temporary absence are one and the same.

16 With great respect to the learned trial judge, I conclude that the appellant was not in breach of his undertaking to reside where directed.

The Appellant's Position 9 The appellant submits that the learned trial judge erred in law in holding that the Crown had not established that Constable Watson was a qualified technician defined by s. 254 (1) and s. 2 of the Criminal Code of Canada and required by s. 258 (3).

In the circumstances I find that the learned trial judge erred in law in arriving at his conclusions, as such the acquittal is hereby set aside, and a new trial is ordered.

In essence, his grounds are as follows: the appeal decision applies the wrong standard of review and substitutes that court's view of the facts for those of the learned trial judge.

[12] Turning to the question of the maintenance for the children, it is my view that the learned trial judge erred in fixing Mr. Bell's income at a figure far in excess of what he was earning.

In particular, the Appellant respectfully submits that the learned trial judge erred in law in finding that the Appellant's guilty is the only rational inference that can be drawn in this case.

Notwithstanding that the prior accidents did not all occur at the same curve or even at the same point in the subject curve, the accidents were similar in that the learned trial judge found that the accidents occurred not as a result of the curve in the road but as a result of the road's surface.

Moreover, the learned trial judge found that there were complaints which constituted actual notice to the district over several years prior to the accident and that the complaints protocol «was a haphazard, ineffective illusion».

The Appellant respectfully submits that the learned trial judge erred in law in finding that the evidence was sufficient to find the Appellant guilty beyond a reasonable doubt of the crime of arson under s. 434 of the Criminal Code.

By that we mean not merely evidence which might be true and to a considerable extent probably is true, but, as the learned trial judge put it, «evidence which is so convincing in truth and manifestly reliable that it reaches the standard of proof beyond reasonable doubt».»

The Ministry subsequently applied under The Child and Family Services Act... for an order permanently committing T.J.E.S. to its care... [T] he learned trial judge found no basis to support the Ministry's warrantless apprehension of T.J.E.S.... The Ministry appeals that decision.

These authorities are not to be taken as meaning that the findings of fact made at trial are immutable, but rather that they are not to be reversed unless it can be established that the learned trial judge made some palpable and overriding error which affected his assessment of the facts.

«The judgment here complained of was entered upon a point which the learned trial judge reserved in these words: «I reserve the question whether there is any