Sentences with phrase «appeal accepted this argument»

The Ontario Court of Appeal accepted this argument and the Appellant's convictions for Assault and Assault with a Weapon were overturned and an acquittal entered.

Not exact matches

The justices accepted review Monday of an appeal from a Lutheran church in Michigan, and will hear oral arguments this fall.

Such an appealing argument can not be accepted.

Recognizing that I will not agree with his parity claim, Hasker closes his argument by commenting on my discussion about the need for a theodicy to have psychological appeal, seeking to turn this discussion to his favor by pointing out that traditional theism has been accepted by more people than has process theism.

Singles may seem happy to accept certain political arguments if their partner fits in other areas, but the thought of dating a politician has significantly less appeal.

The appeals court accepted this argument even though the Supreme Court had acknowledged similar circumstances in 1983 (Mueller v. Allen) when it upheld a Minnesota program that gave a tax deduction to parents for tuition and other education expenses.

I do not accept the «it could be natural» position as anything but a hand wave and an appeal to the «we don't know everything, so we don't know anything» argument.

However, the General Court accepted Gifi's argument that the Board failed to examine all the evidence it had produced, and the Board's judgment did not mention several of the designs cited: «In the present case, it is clear that, in the light of the Board of Appeal's assertion that it was required to re-examine the application for a declaration of invalidity in its entirety, followed by a one - by - one examination of the contested design in relation only to Designs D 1 to D 17, it is impossible to infer from the wording of the contested decision, or the context in which it appears, what is the implied reasoning justifying the failure to take into account Designs D 18 to D 22.»

The BC Court of Appeal overturned the arbitrator's decision and accepted the employer's arguments that if there is individualized testing, there can not be discrimination.

The difficulty with that argument was, as the appeal judge accepted, virtually all appellate judges and many High Court judges are not at the aforesaid face.

This was the argument which the British Columbia Court of Appeal accepted.

In allowing the appeal and setting aside the order of the motions judge, a unanimous Court of Appeal panel accepted the appellant's argument that Rule 15.02 (4), a rule designed to terminate proceedings where a named plaintiff has not authorized commencement, had no applicappeal and setting aside the order of the motions judge, a unanimous Court of Appeal panel accepted the appellant's argument that Rule 15.02 (4), a rule designed to terminate proceedings where a named plaintiff has not authorized commencement, had no applicAppeal panel accepted the appellant's argument that Rule 15.02 (4), a rule designed to terminate proceedings where a named plaintiff has not authorized commencement, had no application.

The French Supreme Courtdecided that the Paris Court of Appeal erred in law, by accepting the argument that there was no other EU - operator active or willing to be active on the relevant market and thereby there was no effect on inter-state trade.

The Court of Appeal agreed with Judge Blair's firm rejection of the argument that silence should be understood as a refusal to accept the contents of the letter.

In the written arguments filed on appeal, the lawyers for Forcillo state that the trial judge incorrectly accepted the Crown position that the second volley of shots was a separate event.

Finally, the Supreme Court accepted, as was common ground on the appeal, that the business efficacy test did not require «absolute necessity»: a better formulation, suggested by Lord Sumption in argument, may be that «a term can only be implied if, without the term, the contract would lack commercial or practical coherence».

In a statement, Cassels Brock said that although the Court of Appeal did not accept a number of the arguments made by the firm on appeal, «we believe that we have acted appropriately and professionally in our handling of this matter, respecting our duties to our clients and acting in a manner consistent with our retainers and our clients» instrucAppeal did not accept a number of the arguments made by the firm on appeal, «we believe that we have acted appropriately and professionally in our handling of this matter, respecting our duties to our clients and acting in a manner consistent with our retainers and our clients» instrucappeal, «we believe that we have acted appropriately and professionally in our handling of this matter, respecting our duties to our clients and acting in a manner consistent with our retainers and our clients» instructions.

The Employment Appeal Tribunal accepted Mr Crawford's argument and found Network Rail to have breached the Working Time Regulations.

On summary conviction appeal, the defence arguments on consent were accepted and the convictions were overturned.

The Supreme Court refused the MPS permission to appeal on its initial ground of appeal which was premised on its argument that the positive obligation (which they accepted arose under the ECHR by operation of art 1 in conjunction with art 3) did not arise under the HRA because art 1 is not one of the rights contained in schedule 1 of the HRA.

Leah and her colleague's arguments were accepted by the Court of Appeal, who ruled in favour of the client.

However, the claimant argued that a priest is akin to an employee in the sense of being controlled by the church and therefore vicarious liability should arise; this argument was accepted by the judge at first instance in JGE and was upheld by the Court of Appeal.

His lawyer made an argument, accepted by the court upon appeal, that the relevant section of the statute had been misdrafted, ever since it was changed in 1970, and was missing a critical «at,» rendering it meaningless.

The high court will hold a conference today at which the justices will consider whether to accept for argument appeals submitted to them this summer, including Baltimore County's.

The trial judge accepted Levkovic's arguments, resulting her acquittal, which was subsequently overturned by the Court of Appeal.

The Court of Appeal accepted the government's arguments on the basis that in accordance with the practice of the members of the UN, the Charter of the United Nations (the charter), Art 103 must be applied.

The Court of Appeal did not accept Ainsworth's argument on that issue.

The High Court accepted that argument but the Court of Appeal did not.