Sentences with phrase «appeal in those cases concluded»

The basis on which the Court of Appeal in those cases concluded that the date of the advance was relevant to costs was because the plaintiff «had in hand more at the start of the action than the amount of the jury's verdict.»

Not exact matches

The seven - member Court of Appeals heard oral arguments yesterday in two cases where a midlevel appellate court unanimously concluded last year that state oil and gas law doesn't trump the authority of local governments to control land use.

In this case, a state appeal panel concluded that the school board «did not have good cause to determine that the applicant failed to meet the requirements.»

Accused went to cottage of JC with whom she previously cohabited — Accused found JC with victim, another lady, in sauna — Angry words were exchanged between accused and JC — Victim testified that accused pushed her following verbal exchange, as a result victim lost balance and ended up against stove, thereby sustaining serious burns to body — Trial judge accepted victim's evidence that there was some kind of pushing — Accused convicted on one count of assault causing bodily harm, and sentenced to two - year term of probation and $ 1,000.00 fine, accused was also ordered to provide DNA sample pursuant to s. 487.04 of Criminal Code — Accused appealed — Appeal against sentence was allowed — Trial judge erred in concluding that discharge was not appropriate in circumstances, especially given conclusion that accused did not deliberately attempt to injure victim — Trial judge found that there was no need for either specific deterrence or general deterrence; prime concern was need for denunciation of her conduct — Section 730 of Criminal Code permits discharge in cases of this nature, provided that it was in best interest of accused and not contrary to public interest — Accused was responsible individual with no record whatsoever, she held position as counsellor and social worker for 25 years — Trial judge did not find that conviction would definitely affect her employment, but possibility existed, and such conviction would necessarily result in criminal record — There was no likelihood of re-offending — Conditional discharge would not be contrary to public interest.

The Arizona Court of Appeals concluded that the trial court erred as a matter of law in determining the issue in this case as one of school choice.

Reversing the decision of the Court of Appeal and restoring the determination of the trial judge (upheld in the High Court on appeal) the Supreme Court concluded that the facts in the present case did give rise to an inference that the intentions of the parties (to own the property in equal beneficial shares, consistent with their legal ownership) did change when Mr Kernott acquired his own property independently of Ms Appeal and restoring the determination of the trial judge (upheld in the High Court on appeal) the Supreme Court concluded that the facts in the present case did give rise to an inference that the intentions of the parties (to own the property in equal beneficial shares, consistent with their legal ownership) did change when Mr Kernott acquired his own property independently of Ms appeal) the Supreme Court concluded that the facts in the present case did give rise to an inference that the intentions of the parties (to own the property in equal beneficial shares, consistent with their legal ownership) did change when Mr Kernott acquired his own property independently of Ms Jones.

The Court of Appeal accepted that the judge was entitled to conclude that it was a normal characteristic for the horse to rear up in the particular circumstances of the case because it was «natural» for horses to do so in certain circumstances from time to time, even if such behaviour was not «usual».

The AG thus concludes that Member States must assess an applicant's appeal to Article 25 of the Visa Code, even in cases in which they find reasons to refuse an application for a visa according to Article 32.

This is in spite of the fact that the constitutionality of this information sharing has been questioned in R. v. Trapp, 2011 SKCA 143, where the Saskatchewan Court of Appeal found a reasonable expectation of privacy exists in voluntarily disclosed subscriber data (although see Trapp's sister case, R. v. Spencer, 2011 SKCA 144 which concludes there is no reasonable expectation of privacy in similar contexts — the ISP contractual terms being the operative difference).

The Western District Missouri Court of Appeals last week affirmed a $ 950,000 jury verdict in a motorcycle accident case, concluding that the condition of the road during construction was the primary cause of the man's injuries.

In the Godard case, the Motion Judge and the Court of Appeal both agreed concluded that, since separation, the mother had engaged in behaviour that tried to limit or terminate the father's access to his daughteIn the Godard case, the Motion Judge and the Court of Appeal both agreed concluded that, since separation, the mother had engaged in behaviour that tried to limit or terminate the father's access to his daughtein behaviour that tried to limit or terminate the father's access to his daughter.

The Court of Appeal found that in order to impose interim conditions on a massage therapist who is subject to a complaint, the Inquiries Committee has to conclude that there was a prima facie case to support the allegation and an interim order is required to protect the public.

But, the new DA disagreed with the legal analysis and / or position taken in the case by the old DA and the trial judge, and concluded that the sentence was invalid and that she would lose on appeal (the issue concerned the application of a recidivist sentencing statute in Colorado to cause a minor offense to have a very long sentence).

At the 2011 retrial, ordered by the Court of Appeal, Vos J, citing 19th and 20th century judgments, concluded that «in the peculiar, some might say extraordinary circumstances of this case», Martin «knew and approved» of the 2004 will, «wanted Anne to benefit under it», «validly directed her to sign it on his behalf» and that it was «valid, even though it was signed by its beneficiary on behalf of the testator».

Among tort trial cases concluded in 2001, litigants filed appeals in approximately 33 percent of product liability and 18 percent of medical malpractice trials.

More importantly, Arbitrator Wilson reviewed both the Supreme Court of Canada's decision in Clements and the Court of Appeal's decision in Blake and subsequently concluded that the «but for» test is not only the default test for proving causation in tort law but also in accident benefits cases, as well.

Although Makin referred to immunity in the context of legislative and policy - making functions, the Court of Appeal used the case to conclude that «Protecting administrative tribunals and their members from liability for damages is constitutionally legitimate» (at para 29).

The Court of Appeal itself in Tinsley had concluded that an entirely subjective «public conscience» test was the answer, and should apply in cases where there had been illegal conduct.

And here, since it appears from the statement in the order of the Court of Appeal that the question whether the Syndicalism Act and its application in this case was repugnant to the due process and equal protection clauses of the Fourteenth Amendment was considered and passed upon by that court — this being a federal question constituting an appropriate ground for a review of the judgment — we conclude that this Court has acquired jurisdiction under the writ of error.

The Court of Appeal concludes that arguments advanced by the Applicant in support of re-arguing the case are collateral to the decision made on enforceability.

Ultimately, the Court of Appeal concluded that resort to the «proprietary rights» powers of s. 9 (1) in cases of pending or actual bankruptcy should not be a regular occurrence.

In Nyembo v. Refugee Appeals Tribunal, 2007 IESC 25, the applicant was permitted by the Supreme Court to make an argument based on statistics which demonstrated an elevated rate of refusal, but the case settled before the judicial review concluded.

Not content with being so badly beaten, The Bay appealed and in a three - line judgment devoid of any reasoning the Divisional Court concluded that the case «cried out for punitive damages» and replaced the $ 100 award with a whopping $ 300 recovery.

It's also a safe guess that leave to appeal wasn't sought in many cases because the losing side's lawyers correctly concluded it wouldn't be granted.

In the words of the dissenting appeal judge, if the court concludes that those Family Division cases were wrongly decided this presents «an open road and a fast car» to the money maker in big money matrimonial caseIn the words of the dissenting appeal judge, if the court concludes that those Family Division cases were wrongly decided this presents «an open road and a fast car» to the money maker in big money matrimonial casein big money matrimonial cases.

The Court of Appeal dismisses Starbucks» appeal, finding it was open to the Trial Judge to conclude Starbucks was an occupier and no common law duty of care arises in theAppeal dismisses Starbucks» appeal, finding it was open to the Trial Judge to conclude Starbucks was an occupier and no common law duty of care arises in theappeal, finding it was open to the Trial Judge to conclude Starbucks was an occupier and no common law duty of care arises in the case.

Lest anyone be tempted to conclude that today's decision signifies anything about the five copyright cases heard by the SCC in December 2011 these reasons are very brief and to the point, and that the Reference appeal was heard on January 16.

[3] On the basis of the applicant's cassation appeal with the Supreme Administrative Court by order dated 9.5.2012, No. 6 Ads 18/2012 -82, reversed in accordance with Article 267 of the Treaty on the Functioning of the European Union concerning the interpretation of European Union law on the Court and presented him the following questions: 6 Ads 18/2012 First Excludes Council Regulation (EC) No 1408/71 on the application of social security schemes nazaměstna not persons and their families moving within the Community (Regulation of the European Parliament and Council Regulation (EC) No 883/2004 on the coordination of social security systems), from its scope ratione personae citizen of the Czech Republic, which, in circumstances such as those in the present case, before 1 First 1993 subject to the laws governing pension defunct State (Czech and Slovak Federal Republic), Acting in accordance with these periods sčlánkem 20 of the Treaty concluded on the 29th 10th 1992 between the Czech and Slovak republikouo Social Security registered in Annex III of Regulation (EC) No 1408/71 (Annex II of the European Parliament and Council Regulation No 883/2004) are regarded as periods Slovak Republic apodlevnitrostátního rules created by the Constitutional Court of the Czech Republic at the same time as the time Czech Republic?

One recent case in point concluded on appeal that Facebook «likes» are protected speech.

The Full Federal Court dismissed the appeal concluding that the case «was in substance disposed of on the basis of insufficiency of evidence.