Sentences with phrase «of fact and law»

In response to these outstanding legal issues the CR Review recommended that the tribunal and parties be encouraged to make greater use of the provisions of the Native Title Act and of the Federal Court Rules such as Order 29 rule 2 to refer particular issues of fact and law to the court for determination.

[26] The powers of the Tribunal to refer issues of fact and law or the question of whether a party should cease to be a party to the Court have not been used.

In fact, provincial commissioners have the power to decide all questions of fact and law arising in the course of an inquiry.

In this judgment, the judge will outline the matters in dispute, the parties» positions, the judge's findings of fact and the law relevant to the application, and explain how the law relates to those facts.

Whether a private party is a state actor for the purposes of § 1983 is a mixed question of fact and law Page 831 and is thus subject to our de novo review.

WHEREFORE, the Administrator requests that this matter be assigned to a panel of the Hearing Board, that a hearing be held, and the panel makes findings of fact, conclusions of fact and law, and a recommendation for such discipline as is warranted.

For example, judges presiding in drug courts and monitoring the progress of participants in those courts» programs may be authorized and even encouraged to communicate directly with social workers, probation officers, and others outside the context of their usual judicial role as independent decision makers on issues of fact and law.

Where issues of fact and law are complex and intermingled, it may well be more efficient to await the full hearing before ruling on the preliminary issue.

In my view, the second branch of this test does not blend questions of fact and law.

Claims will only be eligible for inclusion in collective proceedings if the CAT considers that they raise the same, similar or related issues of fact and law, and are suitable to be brought in collective proceedings.

Even common accidents such as slips and falls can present complex legal issues and complicated questions of both fact and law.

As there is no ability by law for the Reviewing Officer to actually question or cross-examine you (and equally no ability for your lawyer to question or cross-examine the police officer involved in your investigation) most of the times the oral review hearing is simply a matter of going through all of the evidence, the law and the application of the fact and law to your appeal.

At the Court of Appeal, UBC alleged that the Tribunal had made several errors of fact and law, including in refusing to consider modifications of the residency program as relevant to finding that disability was a factor in Dr. Kelly's adverse treatment and in considering both the procedural and substantive elements of the duty to accommodate.

Mr. Ahmed - Kadir intends to raise arguments of fact and law concerning potential breaches under ss.

European appeals routinely address both questions of fact and law (and have more flexibility than merely ordering a trial de novo if the trial court screwed up a material point).

In order for judgments to be regarded as at risk of being irreconcilable within the meaning of Article 6 (1) of Brussels I, it is not sufficient that there be a divergence in the outcome of the dispute, but that divergence must also arise in «the same situation of fact and law».

Exceptional revocation cases that raise complex issues of fact and law, such as those involving war crimes and crimes against humanity, as well as cases regarding security, other human or international rights violations and organized criminality, would instead be decided by the federal court.

Sometimes a seemingly simple car crash or slip - and - fall accident can spawn highly complex issues of fact and law that need to be sorted out before you can get paid.

Arguing in Writing: drafting a statement of fact and law for Small Claims Court by Marcel D. Mongeon for the Paralegal Society of Ontario (in your materials).

Although Smuk and Smith were both referred to in the memoranda of fact and law filed in the Ontario Court of Appeal in Archer (memorandum of fact and law submitted on behalf of the appellant, p. 16, para. 27 (b); memorandum of fact and law submitted on behalf of the respondent, p. 9, para. 5), the judgment in Archer made no specific reference to either case.

It is a mixed question of fact and law that has to be determined on a case by case basis.

While Air Canada's memorandum of fact and law confusingly identifies twelve «points in issue» (paragraph 5), nine «questions of law» (paragraph 12), and seven «issues» (paragraphs 13 to 76), all its arguments relate to the Agency's finding that the carriers had not discharged their burden of showing that the cost of implementing a IPIF policy would cause them undue hardship.

The Divisional Court quashed the application for judicial review on the grounds that it lacked the jurisdiction to grant some of the relief sought and there were complex questions of fact and law that required a trial.

One solution is to expand Rule 37.12.1 (4) by eliminating the «where the issues of fact and law are not complex» preamble so that any motion can be in writing unless the respondent objects (but if it does there will be a cost consequence if the court finds the motion ought to have been handled in writing).

Bill of Costs Bill of Costs (Tariff Items) Consent Form 18 Requisition — General Form 41 Subpoena Form 52.2 Certificate Concerning Code of Conduct for Expert Witnesses Form 80A Affidavit Form 91 Direction to Attend Form 124A Notice of change of solicitor Form 146A1 Affidavit of service Form 146A2 Affidavit of service — Personal Service Form 146B Solicitor's Certificate of Service Form 149 Tender of Payment into Court Form 171A Statement of claim Form 171B Statement of defence Form 171C Reply Form 171D Counterclaim against parties to main action only Form 171E Counterclaim against plaintiff and person not already party to the main action Form 171F Defence to Counterclaim Form 171G Reply to defence to counterclaim Form 171H Third Party Claim against a person already party to the action Form 171I Third Party Claim against a person not already party to the action Form 171J Third Party Defence Form 171K Reply to Third Party Defence From 223 Affidavit of Documents Form 255 Request to Admit Form 256 Response to Request to Admit Form 258 Request for Pre-Trail Conference Form 301 Notice of Application Form 305 Notice of Appearance — Application Form 314 Requisition for Hearing — Application Form 337 Notice of Appeal Form 341A Notice of Appearance — Appeal Form 344 Certificate of Completeness of Appeal Book Form 347 Requisition for Hearing — Appeal Form 359 Notice of Motion Memorandum of Fact and Law Model Bifurcation Order Model Jeopardy Order Motion Record Notice of Consent to Electronic Service Solicitor's Certificate of Expert Witness

These types of cases though, present many complex issues of fact and law that must be analyzed.

For example, if Law A says that courts may review all administrative tribunal decisions on questions of fact and law, and Law B says that in the context of Tribunal X, a court may only review a decision on questions of law, Law B will clearly prevail as the more specific statute.

The court held that it was not precluded from considering the relative strength of each party's case, but only rarely should an attempt be made to resolve difficult issues of fact and law.

In his decision Justice David Stratas said «the recusal reasons, by responding to the appellant's memorandum of fact and law, depart from the norm.

Unfortunately, on February 21, 2014, Quebec's Minister of Justice filed a notice to appeal the judgement stating that it contains errors of fact and law that deserve to be reviewed by the Court of Appeal.

The intervenor's claims therefore have not only common questions of fact and law with the main action, but actually substantially identical questions of fact and law with the main action.

«The government's complaint against Apple is fundamentally flawed as a matter of fact and law.»

Hume begins with the empirical doctrine that all knowledge of fact and law arises in experience.

Theories exist to explain sets of facts and laws.

As they become aware of the facts and law relevant to their case, they review and replay their memories and the key parts of their testimony.

I see case summaries that are 90 % recitation of the facts and law and 10 % general advice to the reader.

We get great results because of our thorough preparation, our professional analysis of the facts and the law, and our decades of combined experience trying cases in a courtroom.

When no pre-trial resolution is possible, our thorough evaluation of both facts and law informs aggressive, targeted courtroom strategies.

If there was any public discussion allowed about how complex and difficult it can be within the jury, to ensure that everyone shares an understanding both of the facts and the law as presented, plus other direction from the Bench, even those who know the need for fair and equitable juries, might try and avoid serving.

My view then was that whatever court replaced the Privy Council should be one whose role «needs to accommodate not only analysis of the facts and the law to achieve a result that accords with law and justice in particular cases, but also statements of principle that will provide proper guidance for lower Courts and that will be reflective of proper legal development».

Jurors are independent judges of the facts and the law because they have no legal career to build, nor score to keep for record of wins.

Jurors are independent judges of the facts and the law because they have no legal career -LSB-...]

Elexirr has collected extensive data on claims that went to trial and their results, including descriptions of the facts and law, Bull told me.

Lyons has a reputation for achieving outstanding results for his clients by displaying a mastery of the facts and law while utilizing creativity, tenacity and cutting edge technology.

It is critical that our judges make fair decisions based upon open - minded and unbiased consideration of the facts and the law in each case.

We know the importance of early and decisive action, rapid and thorough mastery of the facts and law, and forceful action to explore an early resolution or, if that is not possible, to defend the client.

Great lawyers, even great sub-specialists, can see and analyze their clients» needs from the clients» three dimensional world of facts and law.

ustification, transparency and intelligibility in the decision - making process, coupled with acceptable outcomes which are defensible in respect of the facts and the law, are the hallmarks of sound regulatory tribunal decisions according to the seminal decision of the Supreme Court of Canada in

The company or insurance company fighting your personal injury claim will have skilled lawyers and knowledgeable attorneys on their side trying to take advantage of the facts and laws to minimize or avoid paying you.

Permitting defense attorneys to directly address the jury regarding its right to be judges of the facts and the law is something unheard of in nearly every courtroom in the United States.