Sentences with phrase «appeal upon the exercise»

«Such decisions evolve from the Court of Appeal upon the exercise of jurisdiction over appeals from the court below.

Not exact matches

Discretionary orders of prothonotaries ought not be disturbed on appeal to a judge unless: a) the questions raised in the motion are vital to the final issue of the case, or b) the orders are clearly wrong, in the sense that the exercise of discretion by the prothonotary was based upon a wrong principle or upon a misapprehension of the facts.

(2) A person referred to in subsection (1) has exclusive jurisdiction to exercise the powers conferred upon him or her under this Act and to determine all questions of fact or law that arise in any proceeding before him or her and, unless an appeal is provided under this Act, his or her decision thereon is final and conclusive for all purposes.

The Court of Appeal then took it upon itself to exercise its discretion noting the case was a most unusual one.

The Court of Appeal found that the danger of the pond was obvious and there seemed to be no basis upon which it could be said that, in the exercise of reasonable care, the occupiers should have underlined or emphasised so obvious a danger.

78 For these reasons, I have no difficulty in holding on the facts agreed upon for the purpose of this appeal, that the counts of fraud with which the appellant is charged may properly be prosecuted in Canada, and I see nothing in the requirements of international comity that would dictate that this country refrain from exercising its jurisdiction.

For as long as anyone can remember, senior living executives have relied upon the appeal that most seniors eat frozen TV dinners, depend on their grown children for rides, wait for days for the phone to ring, and struggle to find motivation to exercise.