Sentences with phrase «trial judge concluded»

The trial judge concluded that the father could have overnight stays with his son, as suggested in a parenting plan created by a child psychologist involved in the case.

The trial judge concluded that the agreement at issue was a contingency fee agreement since, under the plain terms of the agreement, the solicitor would receive no fees for his services unless an amount was recovered.

The trial judge concluded that Mr. Richer was negligent in his operation of the City bus.

Based on the record, the trial judge concluded that the appellant transferred his animosity toward Dr. Elmasry to the respondent.

The trial judge concluded that the Barnard survey was not correct, and declared the boundary between the properties was marked by the original fence.

The trial judge concluded that s. 24 (2) was...

Jarvis was acquitted at trial, as the trial judge concluded that the students had a reasonable expectation of privacy, but he was not satisfied beyond a reasonable doubt that the videos were done for a sexual purpose.

The trial judge concluded that Guatemala's legal system was capable of providing justice and that the plaintiffs could obtain compensation either through a stand - alone civil suit or through criminal proceedings related to the same incident, which were already underway in Guatemala.

The Trial Judge concluded that had Free Fall not been the next logical progression after Pee Wee, the plaintiff wouldn't have attempted the feature or sustained the injury.

The trial judge concluded that the police had failed to establish reasonable and probable grounds to believe Fedossenko had committed an offence and the order for production of the medical records should not have issued.

The trial judge concluded that, by reason of the joint venture between them, the parties owed fiduciary duties to each other.

Drawing an adverse inference, the trial judge concluded that the husband's property available for distribution to the wife under the applicable statute was roughly $ 60 million.

In the end, the trial judge concluded that the plaintiff had not discharged his onus of proof and, as such, found the teacher had not committed sexual assault.

On the cheating charges, the trial judge concluded horseracing is not a game within the meaning of s. 197 of the Criminal Code, the betting public was too remote from Mr. Riesberry's act of cheating, and the betting public was not deceived by his cheating because there was no evidence that anybody placed any bet in reliance or non-reliance on the fact the horse may have been injected with a performance - enhancing drug.

The trial judge concluded that food could be contaminated without fault on the part of the hotel.

The trial judge concluded that the police had probable cause to arrest Pino and conduct the incidental search.

Here, the trial judge concluded that in the circumstances of Magnan's constructive dismissal, it was not reasonable to expect him to accept Brandt's offer to allow him to return to work.

The trial judge concluded that:

Ironically, because of the «complexity» of the insured's holdings and the different people in the organization responsible for insurance arrangements, the trial judge concluded that the broker should have been alive to the fact that the information coming from the insured may not be accurate.

The trial judge concluded that, although the ADA does limit transgender people's abilities to sue for disability discrimination in certain situations, this employee's gender dysphoria case was not prohibited by the statute.

More significantly, the Trial Judge concluded that the defences provided to the municipality pursuant to the provincial Minimum Maintenance Standards for Highway Maintenance did not apply.

The trial judge concluded that the manner in which the strip search was conducted unreasonably compromised the appellant's physical integrity and his personal privacy.

Ultimately, the Trial Judge concluded that the municipality did not keep Derry Road in a state of repair that was reasonable in the circumstances and but for this failure the accident and injuries would not have occurred.

The trial judge concluded unjust enrichment, used the value received and value survived methods to award damages of about 1/4 of the appellants» net estate ($ 190,000), and set aside the trust agreement as a fraudulent conveyance.

Instead, the trial judge concluded that the mother's interpretation of the timesharing agreement was not reasonable and that the father was entitled a payment of his attorney's fees by the mother.

The trial judge concluded that sufficient prejudice was established and entered a stay of proceedings.

[81] The trial judge concluded that the provisions of the PSESA «go beyond what is reasonably required to ensure the uninterrupted delivery of essential services during a strike».

Further, in reviewing all the evidence, the trial judge concluded that the defendant's driving was not a marked departure from the standard of care that a reasonable person would observe in his circumstance (paras. 59, 61).

The trial judge concluded that there had been no breach of Mr. Spencer's right to be secure against unreasonable searches and seizures.

J.E., [1994] B.C.J. No. 575 (BCSC): 15 The learned trial judge concluded that the failure to reside and a temporary absence are one and the same.

The trial judge concluded that it would be reasonable to impute an additional $ 10,000 to the respondent's income.

To the contrary, the trial judge concluded that the amount of the award actually fell far below what would have been necessary to «shock the conscience» and require a reversal.

His appeal against conviction was dismissed by a majority of the Court of Appeal for Ontario... We agree with Justice Pardu that the trial judge's reasons, even when read as a whole and in the context of the trial record, fail to reveal the basis on which the trial judge concluded that the Crown had proven the mental element of the offence beyond a reasonable doubt.

On this basis, the trial judge concluded that the manner in which the Starbucks built its fence and patio, making a path over the sidewalk which led directly to the side door, and by monitoring the conditions of this pathway, they assumed a sufficient level of possession and control over this area.

It did prevail eventually, but the trial judge concluded no fee recovery was allowable because the assertion of an affirmative defense did not fall within the definition of the option agreement fees clause allowing recovery when «an action» or «a proceeding» was brought.

As a result of this research, the trial judge concluded there were a number of «troubling aspects» that arose from the RCMP officer's testimony and his conclusions.

After a hearing on the motion, the trial judge concluded that the introduction of the information about Flynn's searches impacted the jurors» decision as to whether the product was defective and whether Takata had notice of any defects.

The trial judge concluded, based on her analysis of the relevant law, that the other driver was the dominant driver and enjoyed the right of way as she entered the intersection.

Therefore, the trial judge concluded that the shares were transferred by Mennillo to the other shareholder when Mennillo resigned.

The trial judge concluded «No larger good is served sentencing [this man] to jail.

The trial judge concluded that the reasons offered by the testator for disinheriting her daughter were accurate and sufficient to support the will.

Despite what she found to have been an interlude of between one and two minutes after the forceps attempt and before the onset of the bradycardia, the trial judge concluded that the evidence was sufficient to establish that the one caused the other.

The trial judge concluded that Dr. Johnston breached the standard of care in attempting a rotational mid-forceps delivery without first checking on the availability of back - up for Caesarean section delivery if necessary.

On this basis the trial judge concluded that (para 298) «if Franklins was in the relevant market with Metcash (as the Commission clearly contended), it must be the case that the major supermarket chains, which his Honour found to be a closer competitive constraint than Franklins, must be included in that market.»

The trial judge concluded that if Metcash were permitted to make the share acquisition, Metcash would close - down Franklins» wholesale supply arrangements, sell most or all Franklins corporate stores to independent retailers and require those retailers to enter supply arrangements with it (para 155).

Not exact matches

«These beverages are to be provided to the jurors each evening only if all trial proceedings have concluded for the day,» the judge wrote, making sure nobody could skirt the rules through legal loopholes: «The jurors are not authorized to order an alcoholic beverage for consumption by another juror.»

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:

Pryce's first trial was thrown out after a series of questions by the jury prompted the judge to conclude they had fundamentally failed to understand the legal concepts they were being asked to pass judgement on.

The United States Court of Appeals for the Second Circuit in Manhattan concluded, in light of the Supreme Court's narrower definition, that the jury instructions given by the judge in Mr. Silver's trial were erroneous and that a properly instructed jury might not have convicted him.

The trial judge while giving his ruling said the court had listened carefully to the submissions of both counsels and concluded that the case was not bailable.