Sentences with phrase «justice application judge»

The court reversed the decision of a Superior Court of Justice application judge (who ruled in the franchisor's favour) and found that the restrictive covenant in the franchise agreement was unenforceable in Peterborough.

Not exact matches

Of course a strict constructionist, such as the excessively modest Justice Antonin (Nino) Scalia, might insist that the reference is limited to Nino Visconti of Pisa, a thirteenth - century judge in Gallura, Sardinia, but those of us with a more subtle appreciation of the «living Dante» will recognize its contemporary application.

The embattled judge is arguing before the court that «despite the pendency of these two applications before this Court, [Justice Torkonoo] in outright disrespect of this Court caused a hearing notice to be served on me to appear before her on 3rd December, 2015, for the hearing of the same contempt application which [she] had already dealt with on the 28th and 29th September, 2015 and dismissed.»

The Judge, Justice Alfred Benin, said that the application had no basis.

The trial judge, Justice John Tsoho, on Monday, had adjourned the case to Friday after Malabu Oil and Gas filed an application to join the matter.

The judge, Justice Mensah, however, warned counsel for the accused not to consider the bail application grounds to drag the case interminably.

The prosecution lawyer Rotimi Jacobs confirmed that he has been served with application for bail of all the accused persons and with the consent of all the lawyers in the trial, the trial judge, Justice Peter Affem adjourned hearing in the bail application until Wednesday the 16th of December 2015.

The trial judge, Justice Okon Abang, dismissed his application as lacking in merit, and upheld the statutory powers of the EFCC to investigate him.

(4) The independent panel shall report as approved for each judicial position all highly qualified persons who make application to the panel, provided that if the number of highly qualified applicants exceeds three times the number of existing vacancies to be filled in such position (determined as of the time the panel renders its report), the independent panel shall report as approved the most highly qualified applicants in a number equal to three times the number of vacancies to be filled in such position, provided further that if the number of highly qualified applicants is less than three times the number of vacancies to be filled in such position the independent panel shall report as approved the most highly qualified applicants in a number equal to not less than two times the number of such vacancies, provided further that the following categories of applicants who are eligible for reelection or reappointment shall be reported as approved if their performance during their term of office merits continuation in office, and no other applicants shall be reported as approved for their vacancies: (a) a judge or justice completing a full term of office seeking re-election to that office, or (b) an interim Supreme Court justice who has been appointed by the Governor to fill an existing vacancy no later than the previous June 1 after approval of the Governor's screening panel, who has been confirmed by the State Senate and has assumed office no later than the date the panel renders its report, and who otherwise would not be required to make application to the independent screening panel pursuant to the provisions of sub-paragraph (3).

The other four Justices of the Supreme Court including the Rawlings - appointed William Atuguba JSC, upheld the instant application of Zanetor Agyeman — Rawlings saying the high court judge had wrongfully assumed jurisdiction to interpret Article 94 (1) of the 1992 constitution which amounted to a usurpation of the powers of the Supreme Court.

The suit, which was earlier adjourned for hearing of all pending applications, was however adjourned to June 29 because the trial judge, Justice Ayokunle Faji, was indisposed

He said he could not just overrule Justice Oyefeso, the judge handling the case, adding that the application was incompetent.

He described the application leading to the interim forfeiture order as an abuse of court processes, contending that Justice Anka ought not to have made the order because, according to him, the judge did not have jurisdiction to entertain the case.

According to the court, presided over by a single Judge, Justice Alfred Benin, the application had no basis.

But Justice Gabriel Kolawole, in his judgment, delivered on July 1, 2015, held that he lacked jurisdiction to entertain the suit while the June 8, 2015 judgment of the Lagos Division of the Federal High Court, nullifying the extradition application and affirmed by another judge of the same Lagos division on June 23, 2015, had not been set aside by any appellate court.

The Acting Chief Judge of the Federal High Court, Justice Abdu Kafarati, had, on Wednesday, issued the proscription order upon an ex parte application by the Attorney - General of the Federation and Minister of Justice, Mr. Abubakar Malami.

The court presided over by a sole judge, Justice Alfred Benin, described the application as one without merit hence his decision.

Justice Mojisola Olatoregun in his verdict trashed the ex parte application filed by the EFCC for the seizure of the funds, saying the funds were already subject of litigation before two other judges.

It would be recalled that Justice Babatunde Quadri had on July 7 dismissed an application by the former governor requesting that the trial be returned to former trial judge, Justice Adeniyi Ademola.

The judge of the High Court Anyigba, Hon Justice R.O Ayoola after listening to all the submissions by the counsels adjourned the suit to Wednesday 17th January, 2017 for hearing of the application for judgment.

Lawyers for the N.C. Justice Center, a statewide anti-poverty advocacy group that the N.C. Policy Watch is a project under, filed an amicus brief to encourage the judge to send the virtual charter school's application back to the state board.

Our judges and courts, each day, strive to ensure the fair, impartial and independent administration of justice so that each citizen is treated with respect, dignity and fairness, and receives a «fair shake» in the application of our laws.

An application to search a home involves a police officer swearing information to a judge or justice of the peace that there are reasonable and probable grounds to believe that an offence has been committed and that evidence related to that offence will be discovered upon a search of the home.

(Drafting an application to the European Court of Human Rights examining the administrative and judicial arrangements in the United Kingdom for dealing with errors in the allocation of judges to the specialist work areas of the High Court of Justice and the extent to which the UK's purported solution [the «de facto judge principle»] violates Article 6 of the ECHR and Article 47 of the Charter of Fundamental Rights of the European Union (2000)-RRB-.

The provincial government attempted to block the application by arguing judges are unable to sue the government, since justices of the peace act on behalf of the Crown when they exercise judicial functions.

For the Court of Justice, responding and assisting the national judges is crucial for the application of EU law.

The Minister of Justice and Attorney General of Canada, Jody Wilson - Raybould, has announced several new judges in Quebec, British Columbia, Alberta and Newfoundland and Labrador — all under the new judicial application process the government announced last fall.

Galati, who's launching a court application, says Quebec judges must be from the Quebec bar, an issue he successfully argued in his challenge of Justice Marc Nadon's appointment to the Supreme Court of Canada.

Court of Queen's Bench Justice Dennis Thomas sent a judgment to the regulator detailing his concerns with the conduct of Priscilla Kennedy, of DLA Piper (Canada) LLP, after she continued to re-argue the same points of a «hopeless application» that the judge determined was a «serious abuse of the court.»

If the defense team requires such records to be produced because they are relevant to the issue at trial, they must make an application to the presiding judge or justice.

The application judge ordered that the custody and access arrangements in existence at the time of trial pursuant to the earlier order of Judge MacKenzie of the Ontario Court of Justice should conjudge ordered that the custody and access arrangements in existence at the time of trial pursuant to the earlier order of Judge MacKenzie of the Ontario Court of Justice should conJudge MacKenzie of the Ontario Court of Justice should continue

Legal principle must try «to keep the law abreast of the society in which [the judges] live and work»: «If the law should impose upon the process of «growing up» fixed limits where nature knows only a continuous process, the price would be artificiality and a lack of realism in an area where the law must be sensitive to human development and social change... Unless and until Parliament should think fit to intervene, the courts should establish a principle flexible enough to enable justice to be achieved by its application to the particular circumstances proved by the evidence placed before them.»

Justice McIsaac held that under these circumstances application for recusal should be dismissed — a judge does not become automatically disqualified from presiding over the subsequent trial of an accused where he or she has conducted a pre-hearing conference.

The application will be heard by at least two judges of the High Court, one of whom will be a lord justice of appeal.

TOMEE SOJOURNER v. CONSEIL DE LA JUSTICE ADMINISTRATIVE et al Judicial Bias based on Race, Gender, Sexual Orientation and Gender Identity Nature: Hearing on a Rental Board Judge's application to quash a Superior Court decision rendered in favor of an English - speaking Black lesbian, who had applied for judicial review of an earlier Administrative Judicial Council decision regarding her complaint against the Judge.

Van Rensburg, J. granted applications by Her Majesty the Queen and LawPRO for an order under s. 140 of the Courts of Justice Act, declaring a particularly determined plaintiff to be a vexatious litigant and prohibiting him from instituting or continuing any proceeding, except with leave of a judge of the Superior Court.

Chief Justice Fraser would have granted the applicants public interest standing and reviewed the chambers judge's conclusion that the application was an abuse of process because it was not brought before the courts by way of the proper legal vehicle.

The Ontario Court of Appeal recently released its endorsement in Alfred Wegener Institute v. ALCI Aviation Ltd., 2014 ONCA 398, upholding an order from the application judge that a German arbitral award be recognized and enforced in Ontario as if it were a judgment or order of the Ontario Superior Court of Justice.

Upon application to any Justice or judge, the persons may test the legality of their detention, not as to guilt or innocence, but solely as to whether the commitment to custody was lawful and the retention in custody is in accordance with the requirements of due process.

Finally, with respect to the «interests of justice» exception, the Court of Appeal again affirmed the decision of the Application Judge, citing factors and guidance from Ontario v. McDougall, 2011 ONCA 363 (CanLII).

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.

In two unanimous decisions of the Ontario Court of Appeal, Justice MacPherson allowed the appeals, set aside the judgments of the application judges, and declared both insurance company appellants did not have to defend or indemnify the respondents in the underlying actions.

Moreover, it was argued the Application Judge should have granted relief based on the «interests of justice» exception.

For the purposes of an application under section 45, one of the members of the Judicial Council who is a provincial judge shall be replaced by a judge of the Superior Court of Justice.

On February 21, 2017, an application was filed before Justice Glen Poelman, a case management judge under s. 551.1 of the Code, asserting that the general warrant was invalid because it authorized a search and seizure that was overly broad and in breach of ss.

The Education Secretariat has established a Conference Attendance Committee to consider applications by individual judges for funding assistance to attend conferences / seminars / programs other than those presented by the Ontario Court of Justice.

Numerous Judges of the Ontario Superior Court of Justice have commented whether the changes have a retroactive application (see Prejudgment Interest: Retroactive, Proactive, or Somewhere in Between?)

Justice D.C. McDonald heard the application for certiorari to quash the Rolf and Saks decisions and for mandamus requiring the judges to reconsider the request for counsel.

«It would be an affront to all victims of crime or misconduct to say, as the application judge (Justice Boswell) has said, that the rights of the complainant are not at stake in a criminal trial or complaint of misconduct.

In terms of process, EPOs can be granted by provincial court judges and justices of the peace on an application by the victim in person or by someone on her behalf (e.g. peace officers) by telecommunication, without notice to the respondent (PAFVA sections 2 (1), 6; Protection Against Family Violence Regulation, Alta Reg 80/1999, sections 3, 4 (2)-RRB-.