Sentences with phrase «panel erred»

Appeal Board decision: The Investigative Committee appealed the panel's decision to the Appeal Board of APEGA, which quashed the panel's decision and remitted the matter to a differently - constituted discipline panel for a new hearing; the panel erred in finding that the Investigative Committee had to approve specific charges, and in finding that the referral by the Investigative Committee was tainted by a reasonable apprehension of bias.

The appeal tribunal, chaired by Christopher Bredt with Robert Armstrong, Janet Leiper, Barbara Murchie, and John Spekkens wrote: «the hearing panel erred in dismissing the motion for disclosure of the files of the lawyers who acted for the other parties.

He also found that the arbitration panel erred in considering evidence of substance use in the bargaining unit only, and did not consider all of the relevant evidence put forward by Suncor.

[6] The insurers» appeals raise these two broad questions: did the McNaughton panel err in its interpretation of statutory condition 6 (7); and, if it did, should we now overrule our court's previous decision?

Not exact matches

They argued that Justice Kolawole erred in his decision invalidating the SJIP simply because an operative of the Department of State Services was a member of the panel.

(One wonders what owners of the Corvette coupe, which has a standard targa — err, lift - off top panel, would think of that notion.)

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.

But the circuit court — noting that the standard for overturning an arbitration award is that it was made «in manifest disregard of the law» — concluded that the district court erred by substituting its own decision on the merits for that of the arbitration panel.

In a section of the lengthy ruling entitled «The trial judge erred in his overall approach to sentencing and imposed a sentence that is manifestly unfit,» the appeal panel states: «To be sure, terrorism is a crime unto itself.

Finally, the majority held that the chambers judge did not err when concluding that balancing safety interests against privacy interests should be done by the arbitration panel, and held that in the interim, the balance of convenience favours Unifor's position (Unifor, ABCA 2018 at paras 14, 19, 20).

The Supreme Court erred in law by failing to employ the two - step standard of review analysis enumerated in Dunsmuir to accord appropriate deference to the Panel's finding of unprofessional conduct.

Administrative law — Judicial review — Municipal law — Taxation — Real property tax — Payments made by Federal Crown in lieu of real property tax — Assessed value of Halifax Citadel — Whether the Federal Court of Appeal erred in holding that the Minister is unconstrained by the assessed value of the property determined by the assessment authority in determining the property value of a federal property for purposes of the PILT Act — Whether the Federal Court of Appeal erred in holding that the Minister acted reasonably in determining the property value of the Halifax Citadel lands (adopting the determination of the Dispute Advisory Panel appointed under the Act), and in particular in valuing the portion of the lands upon which are located improvements which are exempt from payments in lieu of taxes, representing 47 of 49 acres of the site, at $ 10 — Whether the Court should consider the present case as it raises similar issues as Montréal (City) v. Montréal Port Authority 2010 SCC 14, [2010] 1 S.C.R. 427, but from the perspective of assessed value — Payments in Lieu of Taxes Act, R.S.C. 1985, c. M - 13.

It sought a declaration that WCAT erred in finding the cancer to have been an occupational disease due to the workers» employment, an order that the original decision of WCAT be set aside and the decision of the Review Division confirmed, an order that the reconsideration decision be set aside, and in the alternative an order that both WCAT decisions be set aside and the matter remitted to a new WCAT panel with appropriate directions.

«The sentencing judge did not err in finding the sentence proportional to the gravity of the offence,» said the three - judge panel in its decision in R v. Wesslen, released yesterday.

Writing for the three - judge panel, U.S. Circuit Judge Jerry Smith said that U.S. District Judge Ed Kinkeade in Dallas, TX, erred by allowing plaintiffs» lawyers to present «inflammatory character evidence» about defendants.

Additionally, although orders for security for costs are discretionary in nature and usually entitled to deference, a panel of court in Yaiguaje v. Chevron Corporation recently reversed an order for security for costs because the chambers judge had «erred in principle in determining the justness of the order sought».

This display is ultra easy to see in sunlight, something all AMOLED panels can not claim, and even the white balance of the panel is near perfect, only erring ever so slightly cool.

David Bowdich, the FBI's acting deputy director, told the Senate panel that the agency obviously erred when it failed to follow up on a long, detailed warning on a tip line that Cruz was «going to explode.»