Sentences with phrase «mixed fact and law from»

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».

Not exact matches

Another inequity in the mix is the fact that candidates for the state Legislature in Albany and statewide offices are exempt from this law.

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.

For those who prefer their pleasure mixed with a little law, let me tell you that there's a big copyright controversy surrounding this film, having to do with the fact that certain copyrights in the Hanshaw songs still exist, though most do not, and the holders exacted stringent terms from Paley, all of which you can read about here and here.

However, since most appeals from an insurance arbitration regarding a priority dispute engage questions of mixed fact and law or questions regarding the interpretation of the SABS, reasonableness was deemed to be the appropriate standard.

To obtain leave to appeal to the Supreme Court of Canada from a sentence imposed, varied or affirmed by a provincial or territorial court of appeal, an applicant must demonstrate, to the satisfaction of the court, that the question raised, by reason of its public importance or the importance of any issue of law or of mixed law and fact involved in that question, is one that ought to be decided by that court or that it is, for any other reason, of such a nature or significance as to warrant a decision by that court.

The SDR proceeds from the premise that lawyers are excellent at what they were trained to do: apply legal reasoning, critical judgment, and creativity to a complex mix of fact, law, and client objectives.

In general, an appeal to the Superior Court from an insurance arbitration regarding a priority dispute will engage questions of mixed fact and law that must be reviewed for reasonableness.

This court has already confirmed that, on appeals from insurance arbitrations involving an interpretation of dependency under SABS, mixed fact and law questions are reviewed for reasonableness: Oxford Mutual, at para. 23.