Does it matter to you that, in this case, if we take
the reasons for judgment at face value, Metron is legally responsible but not morally blameworthy?
L.R., etc., and, in particular, on - line resources, there are now enough easily accessible decisions from all provinces — perhaps not in P.E.I., though I haven't checked — that in many
reasons for judgment at both the trial level and court of appeal the only decisions referred to are from the province in which the court sits.
Not exact matches
President Carter's announcement
at Notre Dame in 1977 that Americans had gotten over their «inordinate fear of communism»» together with Secretary of State Cyrus Vance's statement that Carter and Soviet leader Leonid Brezhnev shared «similar dreams and aspirations about the most fundamental issues»» demonstrated that the degradation of moral
judgment into moral posturing could coexist with breathtaking strategic myopia (and indeed moral blindness) in minds
for which the evocation of the specter of Vietnam marked an end to moral
reasoning, or indeed any other form of
reasoning.
The highest task
for health education in a society devoted to excellence is to discover and introduce into the cultural stream modes of living that will fully employ bodily energies in ways that are
at the same time consonant with the ideals of
reason, qualitative
judgment, and ethical concern.
I share the view expressed by objective and reasonable members of the public that because the government was the 1st defendant / respondent against whom the Supreme Court made declarations of unconstitutional conduct in paying the
judgment debt to Alfred Agbesi Woyome, the government has been pretending
for purely political
reasons at each turn to take steps to enforce the
judgment and orders of the court only to deliberately abort them.
Even though the disgust response arose
for reasons that have little to do with morality, it seems to be pretty effective
at shaping moral
judgments.»
(c) Violation of 14th Amendment procedural due process The court granted the defendants» motion
for summary
judgment for this claim, finding that Ms. I did not meet the applicable precedent, which requires
at the threshold an allegation that the
reason for the forced discharge was to avoid a pre-termination hearing.
(2) signed by an individual, or his parent, to the effect that he has been denied admission to or not permitted to continue in attendance
at a public college by
reason of race, color, religion, or national origin, and the Attorney General believes the complaint is meritorious and certifies that the signer or signers of such complaint are unable, in his
judgment, to initiate and maintain appropriate legal proceedings
for relief and that the institution of an action will materially further the orderly achievement of desegregation in public education, the Attorney General is authorized, after giving notice of such complaint to the appropriate school board or college authority and after certifying that he is satisfied that such board or authority has had a reasonable time to adjust the conditions alleged in such complaint, to institute
for or in the name of the United States a civil action in any appropriate district court of the United States against such parties and
for such relief as may be appropriate, and such court shall have and shall exercise jurisdiction of proceedings instituted pursuant to this section, provided that nothing herein shall empower any official or court of the United States to issue any order seeking to achieve a racial balance in any school by requiring the transportation of pupils or students from one school to another or one school district to another in order to achieve such racial balance, or otherwise enlarge the existing power of the court to insure compliance with constitutional standards.
Sometimes authors are not always writing
at their best, or readers sometimes can't or don't appreciate the story
for whatever
reasons or are not fair and accurate in
judgment.
At the Synthesis Plenary there was no time issue, as many countries in writing in advance asked to have it brought back since it was synthetic, and thus even if not appearing in the WG 2 Report, it was still appropriate
for the Synthesis, and in addition it was the author's
judgments for graphing what was already approved text — the «
reasons for concern» update in words.
Counsel
for both parties declined an offer to poll the jury, and both parties replied negatively when asked by the trial court if there was «any
reason that this should not be entered as a verdict and a
judgment at this time.»
In Chester, if one takes the majority and dissent speeches (
reasons for judgment)
at face value — the split was 3 - 2 — the plaintiff succeeded on the normative basis that the duty of care in issue was so important that that justified dispensing completely with any requirement
for a causal connection between the defendant's negligence and the plaintiff's injury.
On 1 March 2016 the Court of Justice of the European Union gave its
judgment in the joined cases of Ibrahim Alo and Amira Osso, Cases C - 443 / 14 and C - 444 / 14, ruling that the EU's Qualification Directive does not sanction the imposition of restrictions of the freedom of movement
for beneficiaries of subsidiary protection, and that such a limitation is not justifiable
for reasons of territorial sharing of social assistance burdens, while
at the same time leaving it up to the referring German Federal Administrative Court to decide whether the limitation can be justified
for reasons of migration and integration policy.
It was not appropriate to take into account the course the litigation took thereafter, and the
reasons for judgment on the summary dismissal action given one year later, in deciding whether H met the standard of care
at the time.
Appeals /
Reasons for judgment: Monica Cojocaru's son Eric suffered brain damage during his birth
at the B.C. Women's Hospital and Health Center.
Looking
at the
judgment in the appeal case, it is quite clear what the Court wanted to convey to the Parliament: you can not disregard a citizen's petition in such a way that you either refuse to consider it completely or you provide such an insufficient
reasoning that the petitioner has no clue on the
reasons for the rejection.
Rimmer LJ summed up his
reasoning at para 23 of his
judgment saying: ``... I favour the view that [the words of extension] had the effect of defining the term as including any period of holding - over or extension... The lease created a tenancy
for a term of years certain until 28 September 2004 plus, by the words of extension, any further period of holding - over or extension of it on one or other of the bases referred to... I can not see how a term of that nature can be regarded as a tenancy
for a «term of years certain».
In order to protect courts of law and administrative tribunals, a principle of deliberative secrecy applies to shield those decision - makers from having to make transparent or provide information in regards to the intellectual or other process by which they may have arrived
at their decision except as may stand on the record within their
reasons for judgment or opinion.
In the Alberta Court of Appeal ruling reported as R v Wagar, 2015 ABCA 327 Justice Brian K. O'Ferrall, speaking
for a unanimous court, made short shrift of Justice Camp's
judgment,
at p. 1: ``... [W] e are satisfied that the trial judge's comments throughout the proceedings and in his
reasons gave rise to doubts about the trial judge's understanding of the law governing sexual assaults and in particular, the meaning of consent and restrictions on evidence of the complainant's sexual activity... We are also persuaded that sexual stereotypes and stereotypical myths, which have long since been discredited, may have found their way into the trial judge's
judgment.»
In deciding that wrongful dismissal damages were not an appropriate matter
for summary
judgment, the court's
reasoning expressly went beyond the question of the jurisdiction of a Master under the Court of Queen's Bench Act, but rather was based upon «the purpose and nature of summary
judgment applications, trials and summary trials» (
at paragraph 31).
Although Justice Fish did not cite Ashlee until the end of his
judgment (
at para. 144), and then only to respond to the Crown's interpretation of the majority
judgment in Ashlee, his
reasons for decision made many of the same points raised by Justice Conrad in dissent in Ashlee.
The transcript of the learned Justice's
reasons for judgment given orally
at the time demonstrated that the learned Justice was aware of the facts.
Specific topics which have been covered in recent conferences include judicial ethics; interpreters; delivering
reasons for judgment; assessing credibility; social media; technology and search warrants; managing a provincial offence trial; effectively communicating an oral
judgment; risk assessment and indicators of lethality
at bail hearings; the Youth Criminal Justice Act; eye - witness identification; conducting pre-trials; specific issues
at trials of regulatory offences; fly - in - courts, residential schools; application of Gladue principles; mistrials and bias; accident reconstruction; search warrant issues; domestic violence issues; orders
for examination under the Mental Health Act; child apprehension warrants under the Child and Family Services Act; evidentiary issues; discrimination and harassment in the workplace; stress management; and pre-retirement planning.
In
reasons for judgment released today, the BC Supreme Court valued a Plaintiff's pain and suffering
at $ 75,000
for soft tissue injuries.
While this blog is primarily concerned about ICBC injury claims against
at - fault drivers (tort claims) written
reasons for judgment were released today that are of interest to anyone caught up in a dispute with ICBC with respect to their own insurance coverage and the value of damage to their car.
We are
at a loss to understand upon what principle of law, applicable to appellate jurisdiction, it can be supposed that this court has not judicial authority to correct the last - mentioned error because they had before corrected the former, or by what process of
reasoning it can be made out that the error of an inferior court in actually pronouncing
judgment for one of the parties in a case in which it had no jurisdiction can not be looked into or corrected by this court because we have decided a similar question presented in the pleadings.
While reviewing the
judgment of Lord Bridge in Lloyds Bank v Rosset on determining the necessary elements
for establishing a beneficial interest, Lord Walker
reasoned that the law had moved on from looking
at only direct contributions to the acquisition of the property or by way of payment of the mortgage instalments.
At the end of the
reasons for judgment in Alberta's first electronic trial in 1159465 Alberta Ltd. v. Adwood Manufacturing Ltd.the Honourable Mr. Justice A.W. Germain of the Court of Queen's Bench provided a schedule to the
reasons for judgment in which he reflects on the process and some of the legal issues to have cropped up.
The
reasons for judgment in this case put squarely
at issue the important public values with which this Court (and, likely, the Supreme Court of Canada) will ultimately have to grapple in determining whether, and in what circumstances, assisted suicide may, or may not, be in accord with the public interest, including the interest of that minority of the public in circumstances similar to those of Ms. Taylor.
I'd have thought that the realization that most
reasons for judgment get reported, or
at leasgt that there's a very real risk of the
reasons getting reported, make lawyers,
at least, concerned about not giving the judge case law on point that's easily enough found and is relevant.
Justice Berger therefore noted,
at para 17, that «[i] t is sometimes suggested that a
judgment issued under the label «Memorandum of
Judgment» has not been given the same amount of thought as one labelled «
Reasons for Judgment Reserved».
In this article, I have looked
at the assignment of
reasons for judgment on the Court over the last three chief justiceships, with specific reference to the relative rate of assignments to male and female judges.
At the end of his
reasons for judgment, MacKinnon J.A. said that a copy of the
reasons and the order could be served on the husband, giving his complete address.
In his
reasons for judgment the trial judge referred to the fact that one of the children was a law student
at U of T — she was in my class.
Today was
judgment day
at orientation - the day they usually start sending people home
for one
reason or another.
If you do not yet have a
judgment, then you can change your parenting plan
at any time,
for any
reason, because in a pre-
judgment situation, the order is considered «temporary.»