Sentences with phrase «affidavit evidence at»

Not exact matches

At the dangerous dog hearing, you are entitled to present evidence, including incident reports, witness affidavits, and testimony or declarations of people who know your dog, to persuade the hearing officer that your dog should not be labeled.

Although affidavits based on information and belief that fail to state the source of the information are not struck out automatically (see Carevest Capital Inc. v. North Tech Electronics Ltd. 2010 ONSC 1290 (CanLII) at para. 16), one doubts whether these vague «advised by the file» affidavits are proper information and belief evidence at all or whether they really just serve to put the affiant lawyer's personal opinion of the case before the court.

[13] As I noted when I referred to the affidavit filed by the plaintiff in response to the application, there is very little evidence with respect to the nature of the medical problem that will prevent the plaintiff from attending at an independent medical examination.

DIRECTION, EVIDENCE BY AFFIDAVIT (20.1) A direction made at a conference that the evidence of a witness be given by affidavit shall be followed at trial unless the trial judge orders otEVIDENCE BY AFFIDAVIT (20.1) A direction made at a conference that the evidence of a witness be given by affidavit shall be followed at trial unless the trial judge orders oAFFIDAVIT (20.1) A direction made at a conference that the evidence of a witness be given by affidavit shall be followed at trial unless the trial judge orders otevidence of a witness be given by affidavit shall be followed at trial unless the trial judge orders oaffidavit shall be followed at trial unless the trial judge orders otherwise.

Evidence was presented by way of Affidavit in which RT indicated that at the moment he went through the roadblock he thought it was only in the preliminary stages of being set up by the police.

CONDITIONS FOR USE OF AFFIDAVIT OR ELECTRONIC RECORDING (21) Evidence at trial by affidavit or electronic recording may be usedAFFIDAVIT OR ELECTRONIC RECORDING (21) Evidence at trial by affidavit or electronic recording may be usedaffidavit or electronic recording may be used only if,

The only evidence provided is the statement at paragraph 14 of the Affidavit of Erin McIntomny.

Jordan said the authority granted to lawyers to act as commissioners for affidavits happened to fall under the Evidence Act, and at the time that act did not extend the authority to act as a commissioner of affidavits to articled students.

In countless Canadian and other decisions abroad, joint affidavits have been received and considered by the courts without any thought as to whether an affidavit made by more than one affiant at the same time and as to the same allegations is good evidence.

Rule 21 (b), SCRFC (a rule promulgated by the Supreme Court) states, «[e] vidence received by the court at temporary hearings shall be confined to pleadings, affidavits, and financial declarations unless good cause is shown to the court why additional evidence or testimony may -LSB-...]

Elsewhere, on page 7, after summarizing affidavit evidence presented for the union by Prof. John Fryer of the University of Victoria and AUPE Negotiator Dale Perry, the judge says of affidavit evidence filed in response by the government's lawyers: «John DeCesare... is an articling student at McLennan Ross, the law firm representing Alberta.

Affidavits need to comply with the same rules that govern admissibility of evidence at trial.

(3) An affidavit of the person making the investigation, verifying the report as to facts that are within the person's knowledge and setting out the source of the person's information and belief as to other facts, with the report attached as an exhibit thereto, shall be served on the parties and filed and on being filed shall form part of the evidence at the hearing of the proceeding.

Many of the orders contemplated at such a conference will not require applications or affidavit evidence.

At minimum, surveillance evidence must be disclosed in defence counsel's Affidavit of Documents, regardless of whether the defendant intends to rely on the surveillance at triaAt minimum, surveillance evidence must be disclosed in defence counsel's Affidavit of Documents, regardless of whether the defendant intends to rely on the surveillance at triaat trial.

At trial, the appellant gave some evidence which was inconsistent with the evidence provided in his affidavit (an affidavit he claimed he did not write or review).

''... an application to admit further evidence which might have been adduced at the trial, should be supported by the affidavit of the applicant indicating the evidence desired to be used and setting forth when and how the applicant came to be aware of its existence, what efforts, if any, he made to have it adduced at the trial, and that he is advised and believes, that if it had been so adduced, the result would probably have been different.»

The positions set out by the employees in their affidavits conflicted with the employer's evidence on the main points at issue.

Enter, the proposed s 657.01, permitting police evidence be admitted at trial in affidavit format.

Penny did, however, give Hayes stern warning, telling her to «to refrain from assaulting, verbally abusing, swearing at, harassing, threatening, or intimidating» other board members, residents, staff members, contractors, or others doing business with the condominium, or anyone who has sworn an affidavit or provided evidence against her.

A more pertinent example would be the scarcity of affidavit evidence before the court demonstrating that there is local business and community support for the movement to offset similar materials filed by the City (at midnight the day before the hearing) from neighbours complaining about the situation.

While the judge sought to limit the impact of his ruling — by indicating that a court would usually be minded to allow the respondent to file further evidence to buttress its claim or simply reject the claim to privilege at that stage — it nevertheless represents a significant development and one which should focus the minds of those swearing affidavits in support of privilege claims.

The form of special case was settled by the court at a judicial management conference, but counsel for the Appellants refused to sign the statement of special case because of the extensive disputed affidavit evidence that, by then, had clearly demonstrated that the parties were not in agreement with respect to the facts.

If, according to documentary and affidavit evidence, the fee issue is unclear, one could argue this merits a full trial (or at least a summary trial) in the circumstances.

The court held that as stated by the Supreme Court in Guarantee Co. of North America v. Gordon Capital Corp., [1999] 3 S.C.R. 423, at para. 31: «[A] self - serving affidavit is not sufficient in itself to create a triable issue in the absence of detailed facts and supporting evidence».

A statement contained at the conclusion of an affidavit which states the name of the person giving the evidence, the name of the person before whom and the place where the oath or affirmation was taken

Your spouse or his attorney then have the right to produce your affidavit as evidence at trial when you're litigating a permanent custody arrangement at the end of your divorce proceedings.

Summary judgment motion: In Ontario and many of the provinces, there is a court procedure that can be evoked, asking a motions judge to dismiss an action on affidavit evidence (or oral evidence) and on the facts at a stage where the person moving says a full trial is not needed.

79 DOS 99 Matter of DOS v. Pagano - disclosure of agency relationships; failure to appear at hearing; proper business practices; unauthorized practice of law; unearned commissions; vicarious liability; fraudulent practice; jurisdiction; ex parte hearing may proceed upon proof of proper service; DOS has jurisdiction after expiration of respondents» licenses as acts of misconduct occurred and the proceedings were commenced while the respondents were licensed; licensee fails to timely provide seller client with agency disclosure form prior to entering into listing agreement and fails to timely provide agency disclosure form to buyer upon first substantive contact; broker fails to make it clear for which party he is acting; broker violates 19 NYCRR 175.24 by using exclusive right to sell listing agreement without mandatory definitions of «exclusive right to sell» and «exclusive agency»; broker breaches fiduciary duties to seller clients by misleading them as to buyer's ability to financially consummate the transaction; broker breaches his fiduciary duty to seller by referring seller to the attorney who represented the buyers when he knew or should have known such attorney could not properly protect seller's interests; improper for broker to use listing agreements providing for broker to retain one half of any deposit if forfeited by buyer as such forfeiture clause could, by its terms, allow broker to retain part of the deposit when broker did not earn a commission; broker must conduct business under name as it appears on license; broker engaged in the unauthorized practice of law in preparing contracts for purchase and sale of real estate which did not contain a clause making it subject to the approval of the parties» attorneys and were not a form recommended by a joint bar / real estate board committee; broker demonstrated untrustworthiness and incompetency in using sales contract which purported to change the terms of the listing agreement to include a higher commission; broker demonstrated untrustworthiness and incompetency in using contracts of sale which were unclear, ambiguous, vague and incomplete; broker failed to amend purchase agreement to reflect amendment to increase deposit amount; broker demonstrated untrustworthiness in back - dating purchase agreements; broker demonstrated untrustworthiness in participating in scheme to have seller hold undisclosed second mortgage and to mislead first mortgagee about the purchaser's financial ability to purchase; broker demonstrated untrustworthiness by claiming unearned commission and filing affidavit of entitlement for unearned commission; DOS fails to establish by substantial evidence that respondent acted as undisclosed dual agent; corporate broker bound by the knowledge acquired by and is responsible for acts committed by its licensees within the actual or apparent scope of their authority; corporate and individual brokers» licenses revoked, no action taken on application for renewal until proof of payment of sum of $ 2,000.00 plus interests for deposits unlawfully retained