Sentences with phrase «mixed fact and law»

This is a question of mixed fact and law.

Or on a question of law, a question of mixed fact and law or a question of fact, in which case the appeal shall be only on the record.

Contractual interpretation involves issues of mixed fact and law as principles of contractual interpretation are applied to the words of the written contract, considered in light of the factual matrix.

Topolniski J.C.Q.B.A was satisfied the questions posed by Dr. Al - Ghamdi to the Chief Commissioner were questions of fact or mixed fact and law attracting a reasonableness standard.

Interpreting the Agreement is a question of mixed fact and law reviewable for palpable and overriding error.

Such a decision is also a question of mixed fact and law which attracts deference.

The Court of Appeal finds the Applicants» grounds are, «at best», questions of mixed fact and law rather than questions of jurisdiction or points of law alone.

Accordingly, the Court of Appeal determined that, in the present matter, «Questions of fact or of mixed fact and law from which no legal error is extricable are expressly precluded from appellate review».

Contractual interpretation involves issues of mixed fact and law as it is an exercise in which the principles of contractual interpretation are applied to the words of the

For present purposes, the Court of Appeal referred to the language contained at s. 26 (3) of the Alberta Human Rights Act, RSA 2000 C.A. - 25.5 and «wealth of authority» supporting the proposition, as pointed out by the Chambers Judge below, that the decision of the Chief Commissioner is one of fact and mixed fact and law attracting a reasonableness test.

A court may depart from this general rule only if the challenge is based on a question of law or questions of mixed fact and law which only require superficial consideration of the documentary evidence.

The Court of Appeal allows the appeal, finding the Application Judge made a palpable and overriding error of mixed fact and law in finding the Respondent revoked its waiver.

Such an exercise raises a question of mixed fact and law, and therefore, the Court of Appeal erred in granting leave to appeal.

Contractual interpretation involves issues of mixed fact and law as it is an exercise in which the principles of contractual interpretation are applied to the words of the written contract, considered in light of the factual matrix of the contract.

[35] Whether or not alleged misconduct provided just cause for dismissal is a question of mixed fact and law: Steel v. Coast Capital Savings Credit Union, 2015 BCCA 127 (CanLII) at para. 31; Silva v. Leippi, 2011 BCCA 495 (CanLII) at para. 45.

If the question before the Chief Commissioner is one of fact or mixed fact and law, the standard is reasonableness.

Where there is no extricable error in principle, findings of mixed fact and law, should not be overturned, absent palpable and overriding error, Housen v. Nikolaisen, 2002 SCC 33 (CanLII), 2002 SCC 33, [2002] 2 S.C.R. 235, at para. 36.

When the motion judge exercises her new fact - finding powers under Rule 20.04 (2.1) and determines whether there is a genuine issue requiring a trial, this is a question of mixed fact and law.

Where an alleged error of mixed fact and law can be attributed to the application of the wrong legal standard, element of the legal test, or error in principle, the error may be characterized as an error of law and is subject to the standard of correctness.

55 The application of a legal standard to findings or inferences of fact raises a question of mixed fact and law.

I have omitted item 6 of the original list (that the fact admitted be one of mixed fact and law), since in most cases, including Hamilton itself, this has been held to be irrelevant provided a triable issue is raised (see alsoNesbitt (B.C.S.C.) at para. 56.)

In that decision, the top court limited the ability of parties to appeal contractual interpretation by stating that most contractual disputes are questions of mixed fact and law.

Specifically, the Supreme Court characterizes this decision as a discretionary one of mixed fact and law, thereby subjecting it to a deferential standard of review.

18 The question of whether or not Google Inc was a publisher is a matter of mixed fact and law.

At issue were three points — one of fact (was adequate notice served on Mr Hardy) and two of law or mixed fact and law (had he broken the strata's bylaws and, even if so, could the complaint be discriminatory on the grounds of Mr Hardy's alleged medical need to smoke dope to alleviate chronic pain.)

It may be possible to identify an extricable question of law from within what was initially characterized as a question of mixed fact and law, however, the close relationship between the selection and application of principles of contractual interpretation and the construction ultimately given to the instrument means that the circumstances in which a question of law can be extricated from the interpretation process will be rare.

Contractual interpretation involves issues of mixed fact and law as it is an exercise in which the principles of contractual interpretation are applied to the words of the written contract, considered in light of the factual matrix.

[53] Nonetheless, it may be possible to identify an extricable question of law from within what was initially characterized as a question of mixed fact and law (Housen, at paras. 31 and 34 - 35).

The Tribunal's reasons disclosed that it was alive to the various interests at play in determining whether, as a question of mixed fact and law, the Respondents» conduct fell within or without the reach of section 5 (1) of the Code.

In light of the deference that the prevailing, binding reasonableness standard of review accords to the Tribunal's findings of fact and determinations of questions of mixed fact and law, Justice Brown could not conclude the Tribunal's conclusion fell outside the range of possible, acceptable outcomes defensible in respect of the facts and law.

Although the Court of Appeal acknowledged the Trial Judge's determination was a finding of fact or mixed fact and law attracting a deferential standard, it concluded the Trial Judge's non-consideration of agreements signed in counterpart represented an extricable error of law.

A parent who disagrees with a determination made by a Parenting Coordinator may apply to the court, pursuant to s. 19 of the Family Law Act, to change or set aside any decision that he or she feels was beyond the authority of the Parenting Coordinator or based on an error of law or mixed fact and law.

«In my view, taken broadly, the construction of a contract often is a question of mixed fact and law.

Interpreting the language of the contract in the context of the factual matrix is a question of mixed fact and law.

And that is so notwithstanding rules of law relating to appeals (e.g., Housen v. Nikolaisen) that trial judges are entitled to deference as to facts, mixed fact and law, discretionary matters and so on.

In this case, the Court of Appeal concluded the Commission carefully considered all of the evidence in making its decision — significantly, the decision below was characterized as one of mixed fact and law.

Given that the Commission correctly stated the issue and identified the applicable statutory provisions, the question before the Commission was one of mixed fact and law.»

But prior appellate decisions have held that the question of whether an action is statute - barred is a question of mixed fact and law.

Justice Watson in dissent broadly agrees (at paras 289 - 302) with all of the above while choosing to emphasise that specific findings of fact and the inference of fact, or mixed fact and law, deserve deference and should be assessed on a reasonableness standard which requires that an appellate court not interfere absent a palpable and overriding error.

Since the Court of Appeal found the Applicants» leave application requested the Court to apply the facts to the law, the question was of mixed fact and law and not law alone, as required by the s. 23 of The Social Services Appeal Board Act, CCSM c S167.

Or on a question of law or a question of mixed fact and law.