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.
That should be clear from the Court's
reasons for judgment on the merits.
The pace picked up and the trial judge released
his reasons for judgment on December 23, 2013.
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.
Not exact matches
I have no
reason to believe their
judgment selecting candidates
for office or voting
on referenda is any better than their
judgment evaluating doomsday theories.
His
judgment seems to be that, even though some kind of faith or intuition is a formal requisite
for critical reflection
on the nature of God, the specific content or character that faith has as a concrete, historically conditioned phenomenon does not materially affect the
reasoning process which is both possible and appropriate in such reflection.
Secular rationalism may be the right road, may be the Truth as it claims to be; but it has come to be felt that there is no a priori intellectual or universal
reason for supposing so from the start, so that it may sit in unchallenged
judgment on equally massive and venerated traditions, Christian, Hindu, or whatever, that make the same claim.
But to wimp out with the «Will jolly, I don't really know
for sure because there are all these different views held by different people
for different
reasons and based
on very different levels of
judgment and intelligence, so I don't really know what I personally think about anything.»
Certainly the background of the patriarchal age is reflected — frictions between tribes; a level of sexual morality upon which
for a number of
reasons we may not sit in
judgment; and a consistent representation of Jacob who rebukes his sons not
on moral but
on utilitarian - prudential grounds (34:30).
There are so many
reasons people use cloth diapers, and so many
reasons people use disposable diapers (the entry costs to start using cloth diapers are way more than some excellent parents can manage,
for example) that it makes no sense to me to make
judgments about other people's parenting
on the basis of choices about diapering.
In delivering a summary of the lead
judgment, Justice Muhammad said he would give his
reasons for his decision
on November 18.
The court did not provide
reasons for its
judgment but noted that detailed
reasons for the verdict would be provided
on February 12.
After passing
judgment on the humans as a violent species, the apes soon get their hands
on their counterparts» guns and eventually fall victim to the same kind of internal squabbling and tribalism (Caesar's deeming his overthrower Koba «not ape» hits home in its familiarity
for this very
reason) that has come to define us
for so long.
The parties have been unable to agree upon any of the matters of substance, in particular
on the form of and territorial extent of any injunctive relief, upon the extent of any Island Records v Tring disclosure (relevant to the election of an inquiry as to damages or an account of profits), upon whether and if so in what form there should be an order
for publicity of the
judgment as an enforcement measure, upon the appropriate basis and order as to costs, upon whether the Claimants» costs should be reduced by
reason of the fact that
for a period an exclusive licence was not registered, upon the extent of any CPR 31.22 order in relation to alleged confidential information, upon whether there should be permission to appeal and upon whether there should be a stay pending any appeal.»
For this
reason, it's important to address errors
on your credit report by checking your credit report annually and to pay outstanding
judgments or liens.
The following
reasons for not accepting a dog are based
on my own personal
judgment.
Do you have a nonpolitical
reason for questioning her
judgment on this question?
[1] The main question
on this appeal is whether a trial judge's decision should be set aside because his
reasons for judgment incorporated large portions of the plaintiffs» submissions.
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 is, in fact, impossible to find the
reasons for judgment of the Court of Appeal, using this style of cause,
on either the Court's own website (even when you know the date of the decision) or through CanLII — or,
for that matter QL or WestLaw.
(Please note the case discussed in this post was overturned by the BC Court of Appeal in
reasons for judgment released
on September 21, 2010.
The
reasons for judgment can be found
on CanLII by a search under Ivaco Inc., the insolvent corporation.
«It is clear from the
reasons for judgment that the articles had a material bearing
on the acquittal as the judge relied upon them to find that the fingerprint identification was not reliable.
On September 25, 2009 I released my
Reasons for judgment wherein I granted the plaintiff
judgment against the defendants in the amount of approximately $ 11.1 million dollars.
For this reason, the district court's entry of summary judgment for Bryant on these claims was improp
For this
reason, the district court's entry of summary
judgment for Bryant on these claims was improp
for Bryant
on these claims was improper.
On appeal, the plaintiffs assert that the trial court erred in entering summary
judgment for two
reasons.
Rule of Law Court of Appeal Dismisses Appeal in Scholz v. Scholz In
reasons for judgment released
on June 23, 2013, the Court of Appeal dismissed Ruth Scholz's appeal in Scholz v. Scholz, 2013 BCCA 309.
[35] Before the practice developed of posting all
judgments of the court below
on the internet and thereby saving them
for posterity, I would not have considered it necessary to express such a caveat, as the
reasons for judgment below would have disappeared into obscurity.»
It is true that the first immigration judge in his
judgment mentioned joint purchase of Maya the cat as one of the many indications that the illegal immigrant had an established relationship with his partner — but it was not the
reason for that judge's decision and in the
judgment on appeal the cat was not even mentioned.
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.
The Court largely upheld this
reasoning in its
judgment on appeal, recalling that the Leipzig - Halle airport was in competition with other regional airports to become DHL's European hub
for air freight (paragraph 40 of the
judgment).
Only Justice Cromwell has expressed a judicial opinion
on the meaning of Resurfice in reported
reasons for judgment.
All are unanimous decisions of the Supreme Court of Canada in which the
reasons for judgment — the explanation as to why the outcome is the legally and constitutionally appropriate one — are not attributed to any specific named judge or judges
on the Supreme Court, but rather to a mysterious entity called THE COURT.
On January 26, 2016, the trial judge released supplemental
reasons for judgment in which he reduced the special costs by 25 %.
In the course of drafting
reasons for judgment it was discovered that two
judgments of this court relied
on by the appellant had been the subject of adverse comment in the
judgment of the House of Lords in Rush & Tompkins Ltd. v. Greater London Council and another, [1988] 3 All E.R. 737.
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.
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.»
For reasons which are not fully explained in the
judgment the insurers pleaded their claim
on a narrow basis (that charterers had a liability to owners, which in turn enables charterers to claim down the line); a point emphasised by both Lord Sumption and Lord Mance.
On January 26, 2016, Madame Justice Roccamo released her
reasons for judgment in Gardiner v. MacDonald, 2016 ONSC 602.
This means that having no money to pay compensation
for reasons that may include that the convicted offender spent all his money
on his criminal defence, will not save the offender (or his estate) from eventually having to satisfy the
judgment.
The judge hearing the summary
judgment motion held that there was no genuine issue requiring a trial
for the following
reasons: (i) there was no evidence that anyone died
on the property, either by natural causes or some criminal act; (ii) the vendor was not required to disclose that someone had died
on the property or that the property may be haunted; (iii) there was no evidence as to how the purchaser could prove... Read More
Even after the
reasons for judgment were released and the defendants brought a motion
for a mistrial, they did not base it
on the drowsiness of the trial judge, or even raise the issue.
As an interesting addition,
on June 29, 2015, Justice Perell in his
reasons for decision in Paquette v TeraGo Networks Inc., 2015 ONSC 4189 (CanLII),, described the partial summary
judgment approach employed in Markoulakis v SNC - Lavalin Inc., 2015 ONSC 1081 as «cynical, patronizing, unfair, impractical, and expensive.»
The judge did recognize a positive contingency of favourable surgery
on Mr. Ostrikoff's shoulder; however, the scale of that contingency, perhaps in the range of 35 %, is not discussed in the
reasons for judgment.
And
for the same
reason, and upon the same principles, where the defect of jurisdiction is patent
on the record, this court is bound to reverse the
judgment although the defendant has not pleaded in abatement to the jurisdiction of the inferior court.
For example, a judgment in rem against an asset outside of England and Wales can not be enforced for the reason that the assets fall outside of the jurisdiction of the English court; however, a party may seek recognition of that judgment for several reasons, such as defending claims within England or relying on the findings of the foreign judgment in other proceedings (res judicat
For example, a
judgment in rem against an asset outside of England and Wales can not be enforced
for the reason that the assets fall outside of the jurisdiction of the English court; however, a party may seek recognition of that judgment for several reasons, such as defending claims within England or relying on the findings of the foreign judgment in other proceedings (res judicat
for the
reason that the assets fall outside of the jurisdiction of the English court; however, a party may seek recognition of that
judgment for several reasons, such as defending claims within England or relying on the findings of the foreign judgment in other proceedings (res judicat
for several
reasons, such as defending claims within England or relying
on the findings of the foreign
judgment in other proceedings (res judicata).
On July 29, 2016, Justice Catherine J. Bruce in the British Columbia Supreme Court released her
reasons for judgment in R v Nuttall, 2016 BCSC 1404 entering a stay of proceedings
for abuse of process resulting from the conduct of the police in an undercover terrorism operation.