Sentences with phrase «appeal dismissed an application»

Similarly, the Quebec Court of Appeal dismissed an application for the certification of a class action brought by cancer patients who accused the government and hospitals of negligently delaying their treatment.

The Court of Appeal dismissed an application for permission to appeal and reinforced the trial judge's comments about the misleading nature of the applicant's evidence.

In a decision recently posted on the Swedish Arbitration Portal, the Svea Court of Appeal dismissed an application to annul an award due to two arbitrators» lack of impartiality.

The Court of Appeal dismisses the application to restore; determines the appeal «could never succeed» and «it would be a waste of the parties» resources» to continue.

Justiciability Predictably, both the High Court and the Court of Appeal dismissed their application.

Not exact matches

In matters M45 / 2011 and M46 / 2011 the application for special leave to appeal was dismissed.

The ACCC today announced it will appeal against the Federal Court's judgment dismissing the ACCC's application to block Metcash's acquisition of Franklins.

The Court of Appeal Judge sitting as an additional High Court judge, dismissed the application for contempt on September 28 even though the case was originally scheduled to be heard on October 12, 2015.

However, in his appeal marked CA / A / 451C / 2018, Metuh said the trial judge «manifested obvious bias» against him by failing to exercise his discretion judicially and judiciously when he dismissed his application based on «imaginary facts».

The DWP decided to appeal against the decision and around the same time the Carmichaels» separate application for a judicial review of the underlying legislation was dismissed in the high court.

Dasuki to Appeal Judgement on Unlawful Detention... Judge Says EFCC is Different from DSS A Federal Capital Territory High Court has dismissed an application brought before it by former National Security Adviser (NSA), Sambo Dasuki.

The first runner - up in the September 2016, governorship primary of the All Progressives Congress in Ondo State, Mr. Olusegun Abraham, has commended the ruling of the Court of Appeal which dismissed the application for stay of court proceedings filed by Governor Rotimi Akeredolu.

The Appeal Court has dismissed the bail application filed before it by Nnamdi Kanu, leader of the Indigenus People of Biafra (IPOB).

More recently, in Murrin Construction Ltd. v. All - Span Engineering and Construction Ltd., 2012 BCCA 251, the Court of Appeal confirmed that the factors to consider on an application to dismiss for want of prosecution are:

The defendant sought leave to appeal an order dismissing her application for an order requiring the claimant to attend a second independent medical examination («IME») with an orthopedic surgeon.

The Attorney General sought judicial review, which application was dismissed (2013 FC 113), and subsequently appealed to the Federal Court of Appeal.

This appeal raises the issue of whether a trial judge erred in dismissing an application to sever.

He brought proceedings for damages by way of application under the elusive Pt 19 of the Family Procedure Rules 2010 (SI 2010/2955) and which were dismissed and he was back before the Court of Appeal to challenge that dismissal.

In Elgner v. Elgner, the Supreme Court dismissed Claude Elgner's application for leave to appeal after he was ordered to pay a record - breaking interim spousal support order of $ 110,000 per month.

The Court of Appeal's reasons for judgment (from which the application was made), dismissing an application for leave to appeal to it, can be found under Re Ivaco Inc. (2007 ONCAAppeal's reasons for judgment (from which the application was made), dismissing an application for leave to appeal to it, can be found under Re Ivaco Inc. (2007 ONCAappeal to it, can be found under Re Ivaco Inc. (2007 ONCA 746).

A Quebec judge will not have his day in court after the Supreme Court of Canada dismissed his application for leave to appeal last week in a case where he was accused of judicial misconduct.

Alan McMillan, Linda Hepner v. Canada Mortgage and Housing Corporation (B.C.C.A. December 19, 2008)(33017) «The application for leave to appeal... is dismissed with costs.»

The Supreme Court of British Columbia granted the respondent's application, and the appellate court dismissed the Crown's appeal.

The Court of Appeal held that the plaintiff's application to add these parties was properly dismissed.

Canada's top court earlier today dismissed a leave to appeal application in Quizno's Canada Restaurant Corp. v. 2038724 Ontario Ltd., giving a shot in the arm to a class action lawsuit filed by former restaurant franchisees who say they were overcharged for food and supplies.

The application for judicial review was dismissed, the appeal was granted, and the case was sent back to the board.

The Federal Court and the Federal Court of Appeal each dismissed the Commission's applications for judicial review.

[1] This appeal is from the judgment of Justice Edward P. Belobaba dismissing the appellant's application for an order that the respondents disclose the identities of confidential sources for a story written by the respondent Sinclair Stewart and published by the respondent the Globe and Mail Inc..

The British Columbia Supreme Court dismissed the Ktunaxa's application and the British Columbia Court of Appeal upheld that decision.

Appeal from an order dismissing an application to vary or cancel a spousal support obligation pursuant to s. 17 of the Divorce Act.

The Federal Court of Appeal dismissed CP's application for leave without issuing reasons; an oral hearing is mandated by the Supreme Court Act.

The Court of Appeal granted permission but went on to dismiss the application.

The Court of Appeal for British Columbia has dismissed an application asking for a rare order that a trial judge provide a report on his reasons for conviction of a man for dangerous driving causing death, just because he erred in saying «right» when it should have been «left» in his review of the evidence.

On judicial review the chambers justice dismissed the application on the basis that he was bound by the Court of Appeal decision in Ostrensky v. Crowsnest Pass, 1996 ABCA 18 in regards to the effect of a tie vote and that the privative clause in the Teaching Profession Act «insulated all decisions from judicial review except on questions of jurisdiction».

Calgary lawyer Brian Yaworski's compensation dispute with Gowling Lafleur Henderson LLP came to an end this morning when the Supreme Court of Canada dismissed his application for leave to appeal.

Permission to apply for judicial review was refused by the High Court, but granted by the Court of Appeal, which went on to hear and dismiss the substantive application for judicial review.

From April 2005 to March 2007, the CCRG received fifty - seven applications, completed five investigations, and made three decisions: one case was dismissed and two were referred to the Court of Appeal.

The Federal Court dismissed the Union's application for judicial review and ruled that the Appeals Officer's determination was reasonable.

The Court of Appeal ruled that the application should be dismissed.

The Husband's application to appeal to the Supreme Court of Canada was dismissed, and the test for the capacity necessary to separate therefore remains a very basic one.

This personal injury decision concerned an appeal from a Master dismissing ICBC's court application for a copy of the claimant's Medical Service Plan Claim.

The Court of Appeal held that the Judge could not be faulted for having dismissed Khrapunov's application on the ground of delay, and that meant that his appeal should be dismAppeal held that the Judge could not be faulted for having dismissed Khrapunov's application on the ground of delay, and that meant that his appeal should be dismappeal should be dismissed.

Both the first instance judge and the majority of the Alberta Court of Appeal dismissed most of the applicants» requests, without considering the merits of the application, based on abuse of process and lack of public interest standing.

Today the SCC dismissed his application for leave to appeal.

In R (on the application of Aweys) v Birmingham City Council and other applications [2007] EWHC 52 (Admin), [2007] All ER (D) 230 (Jan) the Court of Appeal dismissed the authority's appeal and held that, upon finding a homeless person to be unintentionally homeless, eligible and in priority need, the «main housing duty» under HA 1996, s 193 (2) arose immediately and that the discharge of this duty could not be met by leaving the applicants in their existing homes: «the homeless at home», which the authority considered no longer reasonable for them to occupy, while waiting for an offer of permanent accommodation under the allocation sAppeal dismissed the authority's appeal and held that, upon finding a homeless person to be unintentionally homeless, eligible and in priority need, the «main housing duty» under HA 1996, s 193 (2) arose immediately and that the discharge of this duty could not be met by leaving the applicants in their existing homes: «the homeless at home», which the authority considered no longer reasonable for them to occupy, while waiting for an offer of permanent accommodation under the allocation sappeal and held that, upon finding a homeless person to be unintentionally homeless, eligible and in priority need, the «main housing duty» under HA 1996, s 193 (2) arose immediately and that the discharge of this duty could not be met by leaving the applicants in their existing homes: «the homeless at home», which the authority considered no longer reasonable for them to occupy, while waiting for an offer of permanent accommodation under the allocation scheme.

The Court of Appeal concludes the Application Judge made no error; Mr. Bourgeois» appeal is dismissed with further costs payable to the respondent in the amount of $ 6,000, including disbursements anAppeal concludes the Application Judge made no error; Mr. Bourgeois» appeal is dismissed with further costs payable to the respondent in the amount of $ 6,000, including disbursements anappeal is dismissed with further costs payable to the respondent in the amount of $ 6,000, including disbursements and HST.

This evidence has often been lacking, with the result that the courts have been forced either to make assumptions about increased costs (as was done by the Court of Appeal in the present case), or to dismiss the application under s. 9 for lack of an evidentiary foundation.

On appeal, the ONCA agreed with the reasoning of the application judge and dismissed the appeal.

Dismissing the appeal, the Privy Council have decided that, whatever the position as regards the generality of TCI judges, Justice Harrison's appointment was sufficient for objective independence, and that the standard of proof has no application to interlocutory applications not bearing on guilt or innocence, unless there is a specific factual precondition.

The B.C.C.A. (in a decision written by Justice Groberman) dismissed the appeal, holding that territorial competence over the action between the plaintiffs and defendants was sufficient to establish territorial competence over the injunction application.