Sentences with phrase «trial decision found»

The Court of Appeal in Johnston v Johnston Estate 2017 BCCA 59 upheld the trial decision found at 2016 BCSC 1388 where an action seeking that a will was invalid, or alternatively if it was valid it should be varied under the wills variation provisions... Read more

Not exact matches

The trial judge also concluded that (para 285) «the threat of sale by independent retailers to the major supermarket chains constrained Metcash's wholesale pricing decisions» and that the competitive constraint imposed by Franklins was much less than that imposed by the major supermarket chains - these findings of the trial judge were set out by Yates J at para 297 as follows:

It certainly is ironic that, while the gold standard of medical research is the randomized controlled trial, which generally looks at the risks and benefits of an intervention on a population level, it is individual women who have to make the decisions — and individual women may not always find these kind of data helpful.

«Although finding that the Supreme Court's McDonnell decision issued after Silver's conviction required a different legal instruction to the jury, the Second Circuit also held that the evidence presented at the trial was sufficient to prove all the crimes charged against Silver, even under the new legal standard.»

Although Entergy filed a lawsuit challenging DEC's finding of «adverse» environmental impact, the decision has been upheld and the DEC is moving forward with a trial - type hearing to determine whether closed - cycle cooling must be installed at Indian Point.

«Although finding that the Supreme Court's McDonnell decision issued after Silver's conviction required a different legal instruction to the jury, the Second Circuit also held that the evidence presented at the trial was sufficient to prove all the crimes charged against Silver, even under the new legal standard,» Kim's statement reads, in part.

U.S. District Judge Joan Azrack said from the bench in a Central Islip courtroom Wednesday that she found the decision not to prosecute de Blasio «irrelevant» to the corruption trial.

Judge says she finds prior decisions not to prosecute Mayor Bill de Blasio «irrelevant» to the upcoming corruption trial of former Nassau County Executive Edward Mangano, his wife Linda and former Oyster Bay Supervisor John Venditto.

«Although finding that the Supreme Court's McDonnell decision issued after Silver's conviction required a different legal instruction to the jury, the Second Circuit also held that the evidence presented at the trial was sufficient to prove all the crimes charged against Silver, even under the new legal standard,» Kim's statement said.

The team found that the pattern of the neural noise leading up to the decision, averaged over multiple trials, looked like a readiness potential.

He added: «The most difficult decision was whether or not to have a period of initial triple therapy after stent implantation, given the findings of the WOEST trial which implied an adverse effect of triple therapy on bleeding and death.

Information about what was done, and what was found in these trials could be lost forever, leading to bad treatment decisions, missed opportunities for good medicine, and trials being repeated unnecessarily.

As a result of the trial's findings, which confirm and expand on a recently published large clinical trial using the same software to inform treatment decision - making, thrombectomy procedures for late - arriving patients will probably double, said Albers, and this also opens up the prospect of using clot - busting medications well beyond the current 4.5 - hour window.

Storm, who performs surgery on children with brain tumors, added that, «Better understanding of tumor characteristics, as we found in this research, will help guide our surgical planning and clinical decisions for patients with PLGGs in this current era of target - centric clinical trials and personalized medicine.»

Information on what was done and what was found in these trials could be lost forever to doctors and researchers, leading to bad treatment decisions, missed opportunities for good medicine, and trials being repeated.

(As seen CNN FoxNews) get access our trials well night events near there stuff web about christian sites, haven t found much be truly helpful decision - making process.

A randomised control trial of 144 families evaluated by researchers at the University of Oxford found the EasyPeasy app boosted children's «cognitive self - regulation» — the capacity to persist with difficult tasks and make independent decisions — as rated by their parents.

The ruling was a stunning, wholesale reversal of trial and appeals court decisions that found for the plaintiffs, with damages to the Orleans Parish school system and the state estimated as high as $ 1.5 billion to pay the employees» back pay and benefits.

Though the CCJEF v. Rell trial, Judge Thomas Moukawsher ruled that the Connecticut provides more than adequate school funding, his actual findings of fact, found in the Appendix to his decision, confirm CCJEF's claims that public schools are woefully under - resourced.

Unprejudiced and positive tests are therefore greatly needed, and these can only be found in show and trials under judges who have the common interest so keenly in view that they will allow neither friendship nor personal bias to control the awards; men who will bear ever in mind that upon their decision will greatly depend the future reputation of the animal in the stud, and who will therefore examine carefully each specimen before them, giving due credit to beauty and blood, but in all cases where possible requiring also performance were they pronounce a favorable verdict».

Rather, it found the appeal moot because the appealed complaint was not the operative complaint anymore, regardless of the timing of the trial court's decision.

The CJEU answered that even a decision of non lieu (i.e. a finding that there was no ground to refer the case to a trial court because of insufficient evidence) is a decision on the merits of the case and bars further prosecution in another Member State.

You need to find the files that have no pending discovery or trial deadlines, venued in state court rather than federal court (because you may not be allowed to withdraw from federal court because of unpaid fees), and may require a lot of uncompensated work if you don't make some tough decisions.

The Court of Appeal upheld the decision of the trial judge who found that the defendants should pay 75 % of the claimants» costs and that the claimants should pay the costs of the defendants» counterclaim.

Yet, as we all know, your average case law update spends maybe two paragraphs describing the impact of the ruling and close to 10 or 12 paragraphs setting out the background facts, the arguments by counsel, the findings of the trial judge (with quotes) and the conclusions of any appellate decisions (also with quotes).

Rankin's Garage & Sales appealed the decision, and the Ontario Court of Appeal upheld the trial judge's finding that Rankin owed a duty of care to J.J., dismissing the appeal.

In a 9 - 0 decision, the Alabama Supreme Court agreed, finding that the product had been substantially altered after leaving the possession of CNH America and remanded the case back to the trial court for entry of judgment as a matter of law in favor of CNH.

The Crown had argued that previous Supreme Court decisions protecting the right to silence during trial should be overturned, and urged the Court to find that it can be appropriate to draw a negative inference from a decision to not testify.

The trial judge went on to consider a previous Supreme Court of Canada decision, which had found that «[Courts] should be careful not to stigmatize every disproportionate or excessive sentence as being a constitutional violation, and should leave to the usual sentencing appeal process the task of reviewing the fitness of a sentence.

However, trials often call for creativity in the absence of clear guidance, and anyone considering taking legal action to redress an injury should consider finding counsel capable of making informed, calculated decisions in order to best present the case.

The doctor who was found to be 60 % liable appealed the trial decision claiming that there was no causal link between the doctor's negligence and the injury since if the nurse had not been independently negligent and had called the doctor to the delivery room earlier, the doctor would have immediately delivered the infant.

We have previously blogged about the trial court decision where a jury found Forcillo guilty of attempted murder in the death of 18 - year - old Sammy Yatim («Yatim»).

It was good news for Jordan himself, as the top court's 5 - 4 decision stayed the charges against him, finding his constitutional right to a trial in a reasonable time, enshrined in section 11 (b) of the Charter of Rights and Freedoms, had been violated.

In this case, Chief Justice Glenn Joyal of the Manitoba Court of Queen's Bench ultimately found that the time that a judge takes to arrive at a decision of guilty or not guilty should not be included in considering whether the length of a trial falls within the parameters established by Jordan.

f) The trial judge's decision to infer or not infer causation is a finding of fact and attracts deference on appeal: Benhaim at paras. 36, 42.

In considering the appellate judge's reasons for decision, it is helpful to review the trial judges» findings under the other heads of damages.

«I was pleased with the decision on the standing issue, because the Crown had taken the position throughout, from trial on, that the accused had to testify in order to establish a subjective expectation of privacy in the text messages, and that any expectation of privacy could not relate to text messages found on somebody else's account,» he says.

Nicola Walker, partner at Irwin Mitchell Private Wealth, who acted for Mrs Hart, said: «The decision of the Court of Appeal leaves the law in a state of flux; it allows a trial judge to find that even where it is not properly evidenced, the financial contribution of one spouse outweighs the family and domestic contribution of the other.

The British Columbia Court of Appeal, in a decision reported at (2010), 294 B.C.A.C. 96; 498 W.A.C. 96, quashed all 10 convictions and substituted acquittals, finding serious errors in the conduct of the trial and concluding that the...

The appeal court found no error in the trial court's decision.

In his decision, Superior Court Judge Thomas F. McGuire, Jr., found that one juror during Jones» 1986 trial was «racially biased» and that the lead Brockton, Mass. police detective assigned to the investigation testified falsely as to the circumstances under which a key piece of evidence for the prosecution - a videotaped interview of an eyewitness - was altered before trial.

It found no basis to disturb the trial judge's fee denial based on Chavez, especially given the express determination of excessive fees and given Chavez's endorsement of the apposite Steele decision to the same effect.

The Arizona Court of Appeals in this decision went so far as to say that the trial court was no longer required to even consider any of the other statutory factors normally required to be considered by the court once the Court made a finding of the existence of domestic violence or a significant history of domestic violence.

Rendering a decision which stunned Torontonians, the jury, at trial, found Davies not guilty of the murder of her employer.

This restored the trial decision's finding that the replacement was covered.

(U.S. June 19, 2017) in which the court finds that «specific personal jurisdiction» (as opposed to «general jurisdiction») is lacking with regard to the claims of members of the class of plaintiffs who are not California residents in this case brought in a California state trial court (in an 8 - 1 decision with Justice Sotomayor dissenting).

Significantly, Hryniak also makes a decision by a motion judge to exercise his or her fact - finding powers and determine whether there is a genuine issue requiring trial more difficult to review on appeal.

The Hryniak decision backed Ontario's new rules on summary judgment (judgment made on a claim, without full trial, when a judge finds an issue can be decided based on certain facts or clear, incontrovertible evidence), and provided guidance on when it can be used.

This approach finds support in Canada v. Craig, 2012 SCC 43 (CanLII)...» In the result, the British Columbia Court of Appeal overturned the trial judge's decision and upheld the Criminal Code prohibition on physician - assisted dying.

As reported, the various decisions of the Superior Court, and the cost decision following the ultimate trial of the issue, resulted in the following findings: