I wrote about the Court of
Appeal decision here.
Not exact matches
Both penalty
appeals were very narrow
decisions, but I think Dowd got them both correct — although I freely admit my bias
here.
The key
here, in both cases, is that the presiding officer is required to enforce the rules as they currently exist, but any
decision they make can be
appealed to the whole Senate.
Here's the
decision by four appellate court judges — two Democrats and two Republicans — dismissing Sen. Craig Johnson's
appeal of a Dec. 4 ruling of State Supreme Court Justice Ira Warshawsky that handed the 7th SD race to Republican Jack Martins.
Please find attached
here, as certified for publication, the actual Court of
Appeal decision.
I sense that some of the design
decisions made
here are in place to make the Paperwhite and the all - new Voyage more
appealing options, but the fact remains that Amazon has delivered the best e-reader at this cost available anywhere.
The UK Information Commissioner (ICO) has rendered a
decision (see
here) on Jonathan Jones»
appeal of the UEA's refusal to provide Prof J. Jones with the CRUTEM station data that they had previously provided to Georgia Tech.
The UK Information Commissioner (ICO) has rendered a
decision (see
here) on Jonathon Jones»
appeal of the UEA's refusal to provide Prof Jones with the CRUTEM station data that they had previously provided to Georgia Tech.
The B.C. Court of
Appeal's
decision in Mide - Wilson, and usefully summarized by Omar Ha - Redeye
here, comes less than two weeks after the Ontario Superior Court of Justice's
decision in Cannon v. Funds for Canada Foundation, in which Justice Belobaba displayed a starkly different view of contingency fees.
Employers should also consider the Ontario Court of
Appeal's
decision in Howard v. Benson Group Inc. (see our previous blog post
here) when drafting termination provisions in fixed term employment agreements.
The important thing
here is that if you have an old IRP review
decision, it may be worth
appealing it now bearing in mind that the law has changed and is still changing to recognize the defences that lawyers such as ourselves identified over two years ago.
I just learned from a helpful reader that yesterday the Second Circuit rejected the government's
appeal of this sentence (in this summary order), based largely on the strength of the Circuit's work last week in its en banc Cavera
decision (basics
here, comments
here on Cavera).
This
decision was then
appealed by the various parties leading to the General Court judgments that were
appealed, leading to the two judgments discussed
here.
In a 2 - 3
decision, the majority of the
appeal panel found the hearing panel, in deciding to disbar Abbott for knowingly assisting in mortgage fraud based on willful blindness, failed to put sufficient weight on the «extraordinary delay that took place
here.»
However, as explained in our earlier blog posts,
here and
here, the Court of
Appeal's recent
decisions on termination clauses seem to be turning some of these principles on their heads.
According to yesterday's news (see
here for an article from the National Post), the government of New Brunswick will be asking the Supreme Court of Canada to look into the status of its language laws as it
appeals the
decision of its appellate court upholding the
decision of a provincial judge who excluded breath - sample evidence of a suspected impaired driver pursuant to s. 24 (2) of the Canadian Charter of Human Rights and Freedoms because his language rights had been violated (see R. v. Losier, 2011 NBCA 102 (CanLII)-RRB-.
A year ago I posted
here on the UK Court of
Appeal's ruling which set aside the government's veto of a
decision under freedom of information legislation for the release of «advocacy correspondence» from Prince Charles's to government ministers.
Here I will piggyback on Pattis» perspective: I think Monday's
decision by the 11th U.S. Circuit Court of
Appeals has negatively affected Nancy Grace's credibility as a legal commentator and I think its the responsibility of CNN and CourtTV to either disclose these
decisions to the audience and / or take action.
Here is a month - old news story that completely passed me by: Three Feb. 22
decisions from the 2nd U.S. Circuit Court of
Appeals unanimously rejected claims for damages brought by U.S. veterans and Vietnamese nationals against manufacturers of the defoliant Agent Orange, used by the U.S. military in Vietnam.
My colleagues Martin Olszynski and Shaun Fluker have posted comments on the Alberta Court of
Appeal decision in Ernst
here and
here.
Click
here to read summaries of the Divisional Court's
decision and the Ontario Court of
Appeal's
decision in the TWU case.
The Federal Court of
Appeal's
decision in Iggillis Holdings Inc., et al. v. Minister of National Revenue is available
here.
Just a few minutes ago, as you hid behind your status like a coward, you made comments about me that were both unjust and unjustified, scattering them
here and there in a
decision, the good faith of which will most likely be argued before our Court of
Appeal.
In BC, the Court of
Appeal upheld prohibitions enacted by the College of Pharmacists of BC (and reversed a lower - court
decision setting those prohibitions aside) on the basis that the College's council could reasonably enact such prohibitions without having to wait for empirical evidence demonstrating the harm of incentive programs (Sobeys West Inc. v. College of Pharmacists of British Columbia, 2016 BCCA 41, summarized
here).
The Court of
Appeal here upheld Justice Thorburn's
decision at the trial level not to exclude the evidence under s. 24 (2), despite allegations of racism.
But
here there is a split among federal courts of
appeals on an important constitutional question — the D.C. Circuit and the Fifth Circuit take the individual rights view (see
here and
here for why the Fifth Circuit's
decision can't be dismissed as dictum), while I think nine other circuits take the collective rights view.
After the SCC released its
decision, Apotex brought a motion to the SCC to have the issue of «overpromising» remanded to the Federal Court and the issues of anticipation and obviousness remanded to the Federal Court of
Appeal (reported
here).
The Court of
Appeal refused to follow the Supreme Court of the United Kingdom's reasoning in Virgin Atlantic Airways Limited v Zodiac Seats UK Limited, [2013] UKSC 46, [2014] 1 A.C. 160, which did consider a change in law in its assessment of damages, and noted its reasoning is consistent with a recent Ontario Superior Court
decision in litigation relating to ramipril, reported
here.
The Court of
Appeal appears to be on a mission to curb the presumption of deference as it has been developed by the Supreme Court of Canada and thus can not avoid some grand theorizing in administrative law
here, and this is where the task gets considerably more difficult for the Court and it most certainly can not be accomplished in the 13 paragraphs devoted to standard of review in this
decision.
For a summary of the Yukon Court of
Appeal decision that is under appeal, see our blog post here
Appeal decision that is under
appeal, see our blog post here
appeal, see our blog post
here:
here
In an earlier
decision, Sechelt Indian Band v British Columbia (Manufactured Home Park Tenancy Act, Dispute Resolution Officer), 2013 BCCA 262 (CanLII), leave to
appeal dismissed, 2014 CanLII 62242 (SCC), the Court of Appeal had found that the legislation did not apply by virtue of the IJI doctrine (see a post on that case
appeal dismissed, 2014 CanLII 62242 (SCC), the Court of
Appeal had found that the legislation did not apply by virtue of the IJI doctrine (see a post on that case
Appeal had found that the legislation did not apply by virtue of the IJI doctrine (see a post on that case
here).
David and his team had written a bulletin at the time of the Federal Court of
Appeal decision, which you can read
here.
For my earlier post on the Federal Court of
Appeal's decision in Clyde River see here and for my note on the two leave to appeal applications see
Appeal's
decision in Clyde River see
here and for my note on the two leave to
appeal applications see
appeal applications see
here.
Out of more than 24
appeals that Thomas Patterson has handled (some in conjunction with other attorneys),
here are some notable
decisions.
See also: Michael Geist - Federal Court of
Appeal Upholds Ebay Power Seller
Decision, EXCESS COPYRIGHT: eBay «PowerSeller» data is «both
here and there».
Here the Court of
Appeal has sent a message: it prefers that individuals appeal UCAB decisions through the established judicial review process rather than look for a more favourable outcome in another
Appeal has sent a message: it prefers that individuals
appeal UCAB decisions through the established judicial review process rather than look for a more favourable outcome in another
appeal UCAB
decisions through the established judicial review process rather than look for a more favourable outcome in another forum.
Accordingly, we can perhaps glean more
here by comparing this
decision with previous
decisions by Justice Veldhuis concerning an applicant seeking to
appeal a development approval
decision under the Municipal Government Act.
The threshold is clearly reached where, as
here, the
appeal court considers itself unable to determine whether the
decision is vitiated by error.
Matthew Flinn posted
here recently on an earlier
decision in this case, PJS (22 January 2016), in which the Court of
Appeal granted an interim injunction banning revelation of PJS's extra-marital ventures.
Since Simon Fodden's post
here on the B. C. Court of
Appeal's majority decision, leave to appeal to...
Appeal's majority
decision, leave to
appeal to...
appeal to... [more]
Since Simon Fodden's post
here on the B. C. Court of
Appeal's majority decision, leave to appeal to Ottawa was gr
Appeal's majority
decision, leave to
appeal to Ottawa was gr
appeal to Ottawa was granted.
VICE now has its own legal problems
here in Canada, with the Court of
Appeal releasing its
decision this week in R. v. Vice Media Canada Inc..
The case was an
appeal from a decision by the BC Court of Appeal, about which I blogged
appeal from a
decision by the BC Court of
Appeal, about which I blogged
Appeal, about which I blogged
here.
Typically, however, full panels of the Court of
Appeal are convened to reconsider
decisions that have sparked public debate, which has been the case
here.
(The Québec Court of
Appeal's recent gun registry
decision, Canada (Procureur général) c. Québec (Procureur général), 2013 QCCA 1138, which I summarized
here, is a fine example of that sort of rhetoric.)
If you don't agree with the adjudicator's
decision in your case, you can sometimes have the
decision reviewed - learn more
here:
Appealing Decisions.
A recent
decision of the Ontario Court of
Appeal relating to the G20 protests illustrates the power of video: six paragraphs of the Court's
decision describe a YouTube video (which appears to be
here).
The Supreme Court of Canada today granted leave to hear the
appeal of Van Breda v. Village Resorts Limited, 2010 ONCA 84, a
decision I blogged on earlier
here.
One of the interesting developments during the summer slowdown we failed to note
here on Slaw was the BC Court of
Appeal decision in John McCormick's case against Fasken Martineau.
The follow up on the Court of
Appeal decision by Sun New is
here.