Sentences with phrase «supported by evidence»

Such claims are insulting and not supported by any evidence.»

To the contrary, the trial judge's reasons confirm that he carefully considered these central issues and that his findings were supported by the evidence he accepted.

The court held that the motion judge's conclusion that the respondent did not breach a fiduciary duty was amply supported by the evidence.

If they state their conclusions in brief compass, and these conclusions are supported by the evidence, the verdict should not be overturned merely because they fail to discuss collateral aspects of the case.

It was supported by the evidence of his wife, and her practice... The defendant met the standard of practice.»

Or stated more simply, Legal Element 1, is supported by Fact 1.1, which is supported by Evidence 1.1.1.

... the previous decision is supported by the evidence that was before the panel and the panel addressed the legal issues raised by the Respondent.

The glory of a case would be the opening and closing speeches when the advocate would state the case they only wished had been supported by the evidence adduced, read the «pleadings» into the record and then spend happy hours taking the judge through mountainous and mostly irrelevant correspondence.

The trial court's ruling that wife had made a good faith effort to secure employment was supported by the evidence.

Any request for fee remission should be made to the Registrar, supported by evidence of the party's means.

Although that contention is not supported by the evidence adduced in these proceedings, the evidence does establish that members of the public have occasionally included a photograph of a TTC employee in tweets sent to @TTChelps.

Based on the Court of Appeal's review of the record, the trial judge's findings of fact supported his conclusions and were fully supported by the evidence led at trial.

So, if the jury is convinced a serious crime has been committed, but not convinced that the charge brought by the prosecutor is supported by the evidence, they don't have to acquit.

A particular argument may, for example, have a relatively small chance of being successful but, so long as it can sensibly be argued and it is supported by evidence, the Party Representative is able to seek to persuade the tribunal that it should be accepted.

A mother's conviction for felony child neglect was supported by evidence that she was driving with a blood alcohol concentration that was triple the legal limit, with her children in the car.

His testimony on this issue was supported by the evidence of a passenger who had been in his vehicle at the time.

The Court added that a decision may be unreasonable where the arbitrator failed to carry out the proper analysis, where the decision was inconsistent with underlying legal principles or where the outcome of the decision ignored or could not be supported by the evidence.

Such an application must be supported by evidence that the person seeking entry is established in their own country, for example, by financial and familial ties.

(6) the lawyer partners in the firm make reasonable efforts to establish that each nonlawyer with a financial interest in the firm is of good character, supported by evidence of the nonlawyer's integrity and professionalism in the practice of his or her profession, trade or occupation, and maintain records of such inquiry and its results; and

The Court of Appeal dismisses the appeal; finding the Trial Judge below did not speculate as to the cause of the fall, the Trial Judge did not misinterpret Sinow, and that both his findings of credibility and fact were well supported by the evidence.

Employers will now want to make sure that they get the procedure right, that their decisions are well - reasoned and even more importantly, that they are supported by evidence!

[61] In my view, the factual findings made by the trial judge are rooted in and supported by the evidence.

In my view, however, the inference the Crown asks me to draw is not reasonable and is not supported by the evidence.

Above I have found that the projected track was not supported by the evidence and was, itself, considered by the judge to be speculative.

This is supported by the evidence of Dr. Dercksen who noted the injuries were more than normal degeneration for someone of the plaintiff's age.

In particular, the evidence of her injuries was supported by the evidence of her family doctor, Dr. Leong — a witness whom I found to be credible and on whose evidence I relied.

[93] I also find that the income figures assumed by Mr. Benning are not supported by the evidence.

The Court seems to require random testing to be supported by evidence of significant numbers of incidents involving alcohol (or drugs) and particularized evidence of the deterrent effect of the random testing policy balanced against the serious implications on the workers» rights to privacy (CEP at paras 45 - 51).

Essentially, the judge will determine if the award was a product of «prejudice, passion, or corruption,» whether the jury considered evidence it should not have, and whether the award amount was supported by the evidence.

To be successful such a claim should be supported by evidence indicating the accused was not the initial aggressor, that it was reasonable for that individual to perceive there was an imminent threat and that his or her response was proportional considering the threat.

«The previous decision is supported by the evidence that was before the panel, and the panel addressed the legal issues raised by the respondent,» stated HSARB in its ruling.

They are not supported by the evidence.

This sentiment is supported by evidence that not only are these individuals underrepresented in senior positions such as partnerships, they face discrimination — including racial profiling — on a daily basis.

The judge considered these issues and made such findings as were necessary, all of which are supported by the evidence.

The job of the court is to review the administrative proceedings to ensure that the agency proceeded in accordance with the law, that the employee received a fair trial with the agency, and that the agency's decision is supported by the evidence and findings.

In short, it is essential there needs to be a holistic evaluation of the realistic welfare options for each child within care and placement order proceedings which is supported by evidence.

At the outset, the Court held that the Tribunal's finding that APEGA's policies were based on discriminatory assumptions was unreasonable and not supported by the evidence.

Such fact could have been known and thus taken into account by the Board of Appeal when reaching its decision, thus it did not need to be invoked or supported by evidence by any of the parties even in the administrative phase.

Indeed, one of the rules of appellate practice is that a trial court's ruling will be upheld for any reason supported by the evidence even if it wasn't made by any party at trial.

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.

However, such orders must have a connection to the dispute at hand, be supported by evidence, and be appropriate in the circumstances.

There is a clear distinction between: evidence (or testimony), which consists of statements of fact given by witnesses on oath (subject to prosecution for perjury), governed by the rules of evidence, and which the jury is required to consider but not accept (in the sense that a verdict which is not supported by the evidence can be set aside on appeal),...

Although this appeal does not raise only issues of credibility, I agree with the majority of the Court of Appeal that the trial judge's decision was reasonable, was supported by the evidence and that he had committed no error in the application of the relevant law to the facts.

While the majority did not say «logically and reasonably» as did Fish J, I think we should assume that that is what they meant by stating that the trial judge's decision «was reasonable and was supported by the evidence» (my emphasis).

In a country where judicial independence and impartiality is considered axiomatic, faith in the administration of justice and confidence in the courts should be supported by evidence.

Likewise, lawyer - detectives must return to the past, investigate and formulate theories supported by evidence reshaped into complex and compelling stories.

These future losses, like all losses, must be supported by evidence and must have been incurred as a result of your injuries.

While in this case the issue of accommodation did not arise because Ms. Flatt could not prove prima facie discrimination, her position that working from the office at all was incompatible with breastfeeding was unreasonable and not supported by the evidence.

The trial judge's rejection of the [employee's] argument that the [company] had converted [his] bonus structure from non-discretionary to discretionary, and [the trial judge's] finding that the disagreement over what constituted income for the calculation of the [employee's] bonus was not an alteration to the contract, let alone a substantial alteration, were supported by the evidence.

When your personal injury case goes to trial, we will present a strong argument supported by evidence and witnesses that demonstrates the other party's negligence and why you deserve financial compensation.