Sentences with phrase «of factual»

«We find that the procedures were properly followed, and where delays arose, they arose not out of the factual complexity of the issues, but partly due to the unavailability of individuals, and partly because the claimant's insistence in introducing wide policy considerations forced the grievance investigators to seek a range of management views on broader issues.

Granting Perry's appeal, Lady Justice Gloster held: «In my judgment, the judge was wholly wrong, both as a matter of principle and in the particular circumstances of this case, to have engaged in the kind of factual determination which he did as to whether, on the balance of probabilities, Mr Perry could have brought an «honest» services claim.

I think I understand all your points, except I am left with one question: if there is a difference between responsibiltiy and factual causation, what is the relevance of factual causation?

As I've said to others, were I a trial judge who sat on civil trials before Resurfice, I'd not know whether to be bemused or astounded at the suggested that the version of material contribution I applied then — which would have been the Athey version — was NOT a test for proof of factual causation on the balance of probability.

Getting back to my point, which relates to the use of «clarify», in Resurfice [Resurfice v Hanke, 2007 SCC 7] McLachlin CJ didn't seem to think that there was all that much confusion «in this area» — meaning the area of factual causation.

I think I understand all your points, except I am left with one question: if there is a difference between responsibility and factual causation, what is the relevance of factual causation?

Sumner argued he was effectively kidnapped by police when wrongfully arrested in 2007 with Kochis engaging in extortion and torture «by insisting on the settlement / release before agreeing to the Deceleration of Factual Innocence.»

... the question depends on an exacting analysis of the factual case advanced in defence of the measure, in order to determine (i) whether its objective is sufficiently important to justify the limitation of a fundamental right; (ii) whether it is rationally connected to the objective; (iii) whether a less intrusive measure could have been used; and (iv) whether, having regard to these matters and to the severity of the consequences, a fair balance has been struck between the rights of the individual and the interests of the community.

«The subject matter of the complaint being serious and complex, I agree that it should not be determined in a summary fashion and in the absence of the factual record necessary to fully appreciate the matters in issue»: at 5.

Litigators are also using legal analytics to test potential alternative legal strategies in light of factual information about similar prior cases.

Nor can I discern in those First Amendment considerations that led us to restrict the States» powers to regulate defamation of public officials any additional interest that is not served by the actual malice rule of New York Times, supra, but is substantially promoted by utilizing this Court as the ultimate arbiter of factual disputes in those libel cases where no unusual factors, such as allegations of harassment or the existence of a jury verdict resting on erroneous instructions, cf. New York Times, supra, are present.

Upon its detailed review of factual record, the court found that Coalson's punitive damages award were «reasonably related to her actual damages and to the degree of necessary punishment, which in this case is great.»

In other words, contracts are to be interpreted in the context of the factual matrix under which they arise.

A mathematical formula need not be deployed to assess damages — rather, the task of the trial judge is to simply assess damages on the basis of factual findings made at trial.

Fitch J.A., of the Court of Appeal dismisses the appeal, affirming the «fundamental principle» that trial judges assess damages on the basis of their factual findings and not to calculate damages in accordance with a mathematical formula.

A rally resulting in serious injuries can present a number of factual disputes.

That being the case, the Court decided that all of the factual allegations set out in the plaintiff's amended pleadings were to be taken as admitted.

First, the task of marshalling and mastering of vast volumes of factual and technical information;

«My overall reaction is the appeal decision speaks at length to the importance or the significance of a really large and strong set of factual findings from the trial judge, and that those are carefully reviewed and affirmed on this appeal decision,» says Michael Statham, managing partner at WeirFoulds LLP and counsel for Trillium.

Facilitate the citation of all factual assertions.

However, citing the Ontario Court of Appeal's affirming ruling in this Healey, Annis J. held that this case was well suited for summary judgment because there was little in dispute of a factual nature as it was largely based on materials taken from various blogs.

Included in the complaint as part of the factual background is an overview of the abuse that has occurred in... [more]

As the SCC just repeated in R. v. Maybin, 2012 SCC 24 at para. 16: «Legal causation, however, is a narrowing concept which funnels a wider range of factual causes into those which are sufficiently connected to a harm to warrant legal responsibility.»

In respect to both of these factual findings by the immigration officer, a triumvirate of restrictive adjectives had forced his hand to unreasonableness.

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

The cumulative effect of the factual elements previously described provides objective support for the officer's subjective belief that he had reasonable and probable grounds to make the arrests.

[15] In this regard, I consider this kind of factual evidence to be analogous to those matters described by Madam Justice Garson as being «more in the nature of observations» as opposed to inferences having complex interpretive or diagnostic components when she described how their inclusion in records sought to be admitted as business records did not offend Rule 40A in Egli v. Egli, 2003 BCSC 1716 at para. 25 which was relied on by the defendant in submissions.

In her dissenting opinion, Circuit Judge Pauline Newman offers an interesting historical review of the right to a jury trial on these sorts of factual issues.

The independent body would also offer an opportunity for a thorough investigation and review of many cases for which an investigation is not provided on appeal or post-conviction review due to appellate courts» procedural bars and emphasis on legal and procedural errors instead of factual errors.

But irrespective of how early young family members become aware of their future role within the respective family business enterprise, engaging them at an early stage is never wrong, and will allow the principal to evaluate the learning aptitude and individual skills well in advance of any factual transition.

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.

Some people, perhaps even some judges, at least those outside of British Columbia, might now find the suggestion that «materially contributed» contributed under Athey is sufficient for proof of factual causation under the balance of probability, if that's what the trial judge meant, controversial.

He does not contemplate the possibility that the parties may simply have wanted a determination of the factual and legal issues raised by the dispute between them.

Also, in B.C., since Resurfice some appellate judges seem to have expressed the view (not in dissenting reasons) that the Athey material contribution test was never a separate test for proof of factual causation in negligence but merely a causal «yardstick» explaining when the but - for test applies.

The article also states: ««The issue turns on the fact that there was no explicit finding of factual innocence in the case,» Mr. Robins told The Canadian Press Wednesday.»

We should not be looking for a heuristic model of factual causation that generates liability in accordance with our instinctive feelings, unconcerned whether the model is accurate or not.

And, it's at least plausible that some judges of the Supreme Court of Canada (even some in Ontario and elsewhere) might find the suggestion that Athey material contribution was never a separate test for proof of factual causation just a wee bit controversial.

Although the legality of the factual application is not directly addressed, it necessarily follows from the conclusion of legal inapplicability of the Agreements to Western Sahara that any future application, de facto or otherwise, is out of the question.

Nevertheless, in the face of the Court's explicit exclusion of Western Sahara, the Council and the Commission should both be able to draw their conclusions with regard to the legality of these factual applications.

A Judge would consider all of the factual circumstances of the case.

The attorneys at A2L Consulting also study the litigation documents for each particular case so that there is a thorough understanding of all factual and legal issues to maximize the efficiency and effectiveness of your chose litigation support service.

They therefore did not see that the Court of Appeal failed to carry out a fair balance of the competing interests or that their review of the factual circumstances of the case failed adequately to secure the applicant's Article 9 rights.

, provided they offer practical insights as opposed to straight reporting of factual events, and are relevant to one of the practice areas listed below.

The results of any factual review of this case may determine whether any traffic or criminal charges are brought, but at this time, no charges have been levied.

Snowden J also rejected an argument made by PAG that the ESG documents should be only partly redacted, so that summaries of factual information would not be withheld from inspection, finding that such an approach would be inconsistent with the dicta of Taylor LJ in Balabel.

The BC Court of Appeal is very hesitant to set aside or invalidate a BC Supreme Court judgement because of a factual error.

White papers and client memos, provided they offer practical insights as opposed to straight reporting of factual events, and are relevant to one of the practice areas listed below.

When Justice Smith evaluated the threats posed by doctor - assisted suicide to persons with disabilities, she did so on the basis of a factual record composed mainly of evidence submitted by the Applicants.

He did, however, acknowledge that practitioners may be concerned with the limiting of the factual evidence so early in the process because it may later become apparent, with the benefit of hindsight, that the exclusion of particular evidence was misguided and caused unfairness.

I first started to do a certain kind of paralegal work — what would later be called «Native Courtwork» — making a connection between a Native person accused of an offense and a lawyer willing to represent the accused (and often doing much of the factual research) at Akwesasne, the Mohawk community... [more]