At the Court of Appeal, UBC alleged that the Tribunal had made
several errors of fact and law, including in refusing to consider modifications of the residency program as relevant to finding that disability was a factor in Dr. Kelly's adverse treatment and in considering both the procedural and substantive elements of the duty to accommodate.
It contained
several errors of fact.
Not exact matches
There are
several reasons for the variation, including whether courts take into account the measurement
error inherent in IQ scores — the
fact that an individual, tested repeatedly, would not achieve the same score every time, but rather a distribution
of scores clustered around their «true» IQ.
Their response ignores the egregious
errors in implementation that we identified, namely the
fact that they threw out a majority
of the state observations, miscoded outcome information, and completely confused the sequence
of test introduction and achievement measurement in
several states.
All the more ironic is that in counseling us to «respect the
facts», he should made
several further
errors of fact, not least in his translation
of «Nullius in Verba», but also in his statement
of fact that» 15 — 40 per cent
of species potentially facing extinction after only 2 °C
of warming», omitting the
fact that this is aworst - case scenario predicted by just a single study.
In
fact,
several studies make clear that preventable medical
errors are now a leading cause
of death in the United States after heart disease and cancer.