Sentences with phrase «lower standard of correctness»
This differs from Combined Air, in which the Court of Appeal observed the question of whether there was a genuine issue requiring trial is a legal question, subject to appellate review at the lower standard of correctness.
http://www.canadianlawyermag.com/ Not exact matches
Just to reinforce the point, the Daubert decision was about admissibility of scientific opinion, a lower standard than correctness.
Historically, the LERB reviewed decisions of chiefs and presiding officers after initial investigations on a standard of review of correctness, using a de novo hearing — the appeal court refers to the lower tribunal's record to determine the facts, but will rule on the evidence and questions of law without deference (respectful submission to the judgment) to the lower tribunal's findings.
The B.C. Supreme Court had declined to conclusively select as between the correctness and reasonableness standards; however, again, the Court of Appeal had the benefit of a decision that was released subsequent to the lower court's decision.