Sentences with phrase «palpable error of law»

Not exact matches

[17] The Teachers» Federation asserts that the judgment is the product of (i) fundamental errors of law regarding interpretation and application of the duty of fair representation, and (ii) a multiplicity of factual errors involving findings not based on the evidence and contrary to the evidence, which are palpable in nature and overriding in effect.

[17] The Teachers» Federation asserts that the judgment is the product of (i) fundamental errors of law regarding interpretation and application of the duty of fair representation, and (ii) a multiplicity of factual errors involving findings not based on the evidence and contrary to the evidence, which are palpable in nature and overriding in effect... [more]

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.

A panel reviewing a decision of a single judge under s. 680 (1) is to be guided by three principles: absent palpable and overriding error, the review panel must show deference to the judge's findings of fact; the review panel may intervene and substitute its decision for that of the judge where it is satisfied the judge erred in law or in principle, and the error was material to the outcome; in the absence of legal error, the review panel may intervene and substitute its decision for that of the judge where it concludes the decision was clearly unwarranted.

The Court of Appeal found that trial judge made palpable and overriding errors of fact and an extricable error in law that justified intervention vis - a-vis the above - noted agreement.

Standard of review: correctness, questions of law; palpable and overriding error, findings of fact and inferences of fact.

If the trial judge's summary of the evidence is accurate, and it was open to the judge to accept the plaintiffs» experts» evidence — no misapprehension, nothing else that amounts to a palpable and overriding error, nothing else that amounts to a relevant error of law on the admissibility of evidence — then the result is supported by the evidence and is not (supposed to be) subject to appellate intervention.

With respect to the «adult industry» stream, the Court of Appeal found no palpable and overriding error of fact or an extricable error of law in the Trial Judge's reasons: «In our view, there was evidence in the record to support the trial judge's findings and we see no basis upon which this court should interfere with respect to the adult stream.»

Related Terms: Question of Law, Question of Mixed Law and Fact, Standard of Review, Question of Discretion, Palpable Error, Overriding Error, Ad Quaestionem Facti Non Respondent Judices, Ad Quaestionem Juris Non Respondent Juratores

The law in British Columbia is however clear, unless it could be said that, on the evidence properly adduced, it was not open to him to conclude as he did without making what is said to be a palpable and overriding error, the Court of Appeal can not interfere with the decision of a trial judge.

The majority found the standard to be applied was palpable and overriding error because the case did not involve a standard form contract and there was no «extricable error of law» made by the Chambers Judge (see para. 7).

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.

Applying McKinley, the question of whether the misconduct provided just cause for dismissal is a question of mixed fact and law, subject to a standard of review of palpable and overriding error.

'' (T) he nature of an appeal is to examine the record and determine whether there has been an error of law or a palpable error of fact: it is not a continuation of a trial at a different stage.

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] 2 S.C.R. 235, at para. 36.

The palpable and overriding error of mixed fax and law was that the application judge erred in finding that the waiver had been revoked when in fact it had not been properly revoked by reasonable notice.

Standard of review: correctness for questions of law; palpable and overriding error for findings of fact and inferences of fact.

On appeal by the tenant it was found that there was a palpable and overriding error of mixed fax and law made by the application judge.

He said at para. 31: «The evidence demonstrated it is more likely than not that even if the appellant had lived up to the standard of care, the respondent would have lost her leg» and at para. 36: «In view of the evidence I have reviewed, and in view of the respondent's concession that there was no evidence to suggest that it was more than likely a better outcome would have followed had the appellant acted with care, the trial judge's finding reveals either a misapprehension as to the law or a palpable and overriding error on the facts.»

The FCA held that the Federal Court's finding that these facts were relevant was a question of mixed fact and law and the Minister had not demonstrated palpable and overriding error by the Federal Court judge.

Accordingly, on an appeal from a judicial decision, the interpretation of a non-standard form contract is normally reviewable only for palpable and overriding error unless there is an extricable question of law.

A chambers judge's assessment of the facts based on the record before the chambers judge, the application of the law to those facts and the ultimate determination of whether summary judgment is appropriate are all reviewed for palpable and overriding error: Amack v Wishewan, 2015 ABCA 147 (CanLII) at para 27, 602 AR 62.

The standard of review for findings of mixed law and fact is highly deferential, requiring a palpable and overriding error before an appellate court will intervene.

The Court of Appeal held that the motion judge's decision was entitled to deference and should not be interfered with absent an error in law or principal, a palpable and overriding error of fact, or unless the decision is so clearly wrong as to amount to an injustice.

Keywords: Publication Ban, Family Law, Crown Wardship, Child and Family Services Act, s 45, Childrens Aid Society, Standard of Review, Deference, Palpable and Overriding Error

The trial judge gave a considered, detailed and context - sensitive explanation about how he arrived at his interpretation of this clause and his analysis is not marked by a rare extricable error of law or palpable and overriding errors of facts.

Furthermore, the appellants have been unable to point to any palpable and overriding error or any reversible error of law in the appeal judge's decision.

The respondent failed to identify any error of law or palpable and overriding error of fact by the motion judge.