Sentences with phrase «uncontradicted evidence»

The application judge set aside the Will on the ground that it violated public policy against racial discrimination, according to the uncontradicted evidence.

As indicated above, it was Mr. Signorile's uncontradicted evidence that although there is a by - law which addresses playing music without headphones, drivers are not required to enforce it.

Applying these principles to the case at hand, the majority noted that there was uncontradicted evidence at trial which established the incapacity of the complainant to consent to the sexual activity in question.

The uncontradicted evidence of the police officers in this case is that most of the people in the immediate neighbourhood in which Mr. Allison was found were black.

In his reasons, Laskin, J.A. held that two circumstances in combination supported his conclusion that Ferrara's claim was not discoverable before July 2, 2009: first, the defendant's repeated assurances that he was right; and second, Ferrara's uncontradicted evidence that no one told him otherwise.

«I accept the uncontradicted evidence of Mr. Brown that the interpreter, at times, omitted words spoken by Mr. Bryan in his testimony; that the interpreter, at times, added words that were not spoken by Mr. Bryan; and that the interpreter, at times, wrongly interpreted words spoken by Mr. Bryan,» wrote Conlan in his April 24 reasons for decision on the mistrial.

«Jury nullification is a recognized practice which allows the jury to disregard uncontradicted evidence and instructions by the trial court.»

Further, the appellate court recognized that undisputed or uncontradicted evidence that is not inherently incredible may not be arbitrarily disregarded by the trial court judge, citing Stroud v. Stroud, 49 Va..

Not exact matches

Air Canada also asserts that the Agency was obliged to accept the evidence of Ms. Pask as uncontradicted, albeit in the face of contradictory evidence from Mr. Brown, simply because Ms. Pask was not cross-examined.

[40] A trial judge is not bound to accept uncontradicted and cogent evidence, although it is incumbent on the judge to provide reasons for rejecting such evidence: see Savinkoff v. Seggewiss (1996), 25 B.C.L.R. (3d) 1 at paras. 17 - 21 (C.A.).

Unfortunately, the evidence is uncontradicted that the death penalty has zero effect on future crimes.

Moreover, the impact was supported by credible evidence from Pardy and others, and by detailed, uncontradicted medical evidence.

A court is not obliged to adopt uncontradicted testimony if there is other evidence in the case that renders it unreasonable.