Sentences with phrase «written judgment»

Unfortunately, the results of your search include all of the cases where that judge was on the panel — not just those cases where the judge actually wrote a judgment.
What we don't have is a wealth of written judgments by judges.
Just this past week, the Supreme Court of Canada considered an interesting question: In writing their judgments after a trial or hearing, are judges allowed to do large - scale cutting - and - pasting of other people's written argument?
Mr Justice Binnie wrote the judgment for the 7 in the majority, and on the broad point just stated his first paragraph says it all:
I was one of those critics, and will explain in this column my claim that when a judge writes a judgment like Duncan he abandons his judicial craft.
Justice Rothstein wrote the judgment of the 7 member court: Ermineskin Indian Band and Nation v. Canada, 2009 SCC 9
It is invaluable when writing a judgment because in explaining the nature of the case and the facts found by the court, a chronological recitation of the facts makes the judgment much more understandable.
Justice Rothstein wrote the judgment of the 7 member court: Ermineskin Indian Band and Nation v. Canada, 2009 SCC 9... [more]
Quite a meteoric rise in the number of documents no doubt, but as nearly all of these documents are primary law, it cost CanLII $ 0 to ask for governments to produce new legislation and $ 0 to ask the courts to produce written judgments.
Lady Hale JSC, who wrote the judgment with which the other Supreme Court Justices agreed, described the point as a «distraction» and dealt with it as follows (at [23 - 24]:
The arguments — resulting in a massive written judgment in 2000, rejecting Irving's account and permanently labelling him a Holocaust denier, anti-Semitic and racist — are necessarily a bit skimped in the film, which had its world premiere in Toronto last night.
The South African Wind Energy Association (SAWEA) said while it still awaits the full written judgment «it is our understanding that there is nothing in the law that now prevents the signing of the duly procured power purchase agreements».
She ends, in effect, by washing her hands of the whole problem: «I have written this judgment only to demonstrate what, in my view, is the unsatisfactory state of the law, giving as it does no guidance to the factors to be taken into account in deciding whether an adult child is deserving or undeserving of reasonable maintenance» (para 66).
This is an important power because the Judge - rapporteur effectively writes a judgment in accordance with the deliberations of the chamber.
The Toronto Star said, «In his latest sharply worded decision, a Hamilton judge known for his acerbic wit and creatively written judgments skewered a legal system that he says should have prevented a case from ever arriving at his courtroom door.»
Even competently written judgments can be revised and polished for style.
Entitled No judgment, no justice, the lecture focused on the importance of clearly written judgments and their wide dissemination:
The sweeping change is proposed by Sir James Munby, the President of the Family Division, who has issued draft guidance that would allow thousands more written judgments to be published.
«For the first time since my appointment to the bench, I kept a docket of the time which I spent on writing a judgment,» he says.
B. Notwithstanding any other law, formal written judgments for spousal maintenance and for associated costs and attorney fees are exempt from renewal and are enforceable until paid in full.
Can anyone imagine untenured Canadian legal academics undertaking a study whose question is: why do motion and trial judges write judgments?
In her reasons Justice Karakatsanis referenced the words of Justice Slater, in the Alberta Court of Appeal decision, where he said, «The day may come when it is possible to write a judgment like this without a lengthy discussion of the standard of review.».
We had judges who were largely untrained, but they tended to be honest and they tended to be allowed to go their own way for a period of time and to actually write the judgments in the cases they heard,» he says.
... «Democracy depends upon the free and open debate of public issues and the freedom to criticize the rich, the powerful and those, such as police officers, who exercise power and authority in our society,» said Justice Robert Sharpe, who wrote the judgment.
In writing the judgment, I would be sorely tempted to mock and belittle the person who just put me through such an ordeal.
In his written judgment, Mr Justice Hickinbottom stated: «At the time each of the claimants joined the party, it was the common understanding as reflected in the rule book that, if they joined the party prior to the election process commencing, as new members they would be entitled to vote in any leadership contest.
«When they came to write the judgment, they completely omitted that.
Gibb told MPs today that the government was waiting for the High Court to issue its written judgment, and would announce its next steps «in due course».
In his written judgment, Mr Justice Burton outlined five tests to determine whether a philosophical belief could come under employment regulations on religious discrimination.....
The majority of «at bats» for a lawyer are not publicly accounted for: unlike in baseball, when a matter settles or a routine judgment is not published as a written judgment, that statistic is lost for the purposes of analysis.
They also need time to prepare a reasoned, written judgment.
Until the Canadian Judicial Council's Canadian Citation Committee says otherwise, I would cite cases as they do when they write judgments.
Moreover, given that the information transmitted about the parties, witnesses, and action can far surpass that of a traditional newspaper article or even a written judgment, the public may be better equipped to make an informed and empathetic analysis of the case.
Written judgments are intended to be read.
Although the pressures to settle are also present in American jurisdictions, our lower damages quantum, a distinct costs regimes (i.e. the English Rule), and legal reforms pressuring settlements means that Canadian civil lawsuits are far less likely to proceed to trial and produce a written judgment than American civil lawsuits are.
We certainly have some written judgments, and even databases of written judgments, but not data sets large enough to provide adequate precision and predictive value as promised by artificial intelligence.
Take for example, Donald's comment that CanLII pays zero dollars for courts to write judgments and legislators to pass law.
A well - written judgment is as smooth as a grape.
She also stated that, in her written judgments, «I want to write that way, so that somebody would say, «Oh, OK, I was in good hands.
1.13 The electronic process was also helpful after the trial, during the time to write the judgment, as I did not have to lug boxes of exhibit copies around — the relevant information was all in the memory of the laptop.
A written judgment is not yet available online, so far as I can find.
These include taking a statement of facts from a witness, pleading a case, organising a case for trial and writing a judgment.
The following is a list of cases appealed to the Supreme Court in which Mr. Justice Rothstein either wrote a judgment or joined in a judgment in the matter appealed.
F.L. Morton and Rainer Knopff write, for example, that «in effect, the clerks function as a filter between what comes into the court (factums) and what goes out (written judgments).
The recommendations in that report for writing judgments are gradually being adopted and implemented by the courts.
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