Sentences with phrase «necessary findings of fact»

The court held that «the record before me was inadequate to permit me to make the necessary findings of fact to determine whether there has been an infringement, and if so, whether it can be justified.»
Because of the erroneous analytical framework applied at trial, the trial judge did not make the necessary findings of fact for an appellate court to find Mr. Katigbak guilty of the offence.
This will be the case when the process (1) allows the judge to make the necessary findings of fact, (2) allows the judge to apply the law to the facts, and (3) is a proportionate, more expeditious and less expensive means to achieve a just result.
In my view, a trial is not required if a summary judgment motion can achieve a fair and just adjudication, if it provides a process that allows the judge to make the necessary findings of fact, apply the law to those facts, and is a proportionate, more expeditious and less expensive means to achieve a just result than going to trial.
The Court held that although a motion judge's exercise of the summary judgment rules attracts deference, where a motion judge can not make the necessary findings of fact or apply the legal principles to reach a just and fair determination, the decision is reviewable when the motion judge applies an incorrect principle of law or errs with respect to an extricable question of law.
Consequently, the summary judgment process can be used to dispose of a claim where the process allows the judge to: (1) make the necessary findings of fact; (2) allows the judge to apply the law to the facts; and (3) is a more proportionate, more expeditious and less expensive means to achieve a just result.
Because the application was dismissed on procedural grounds, the application judge did not decide the substantive legal issue nor did he make the necessary findings of fact based on the record to do so.
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