Sentences with phrase «respondent factum»

While in law school, Ben competed at the 2013 Philip C. Jessup International Law Moot Court Competition, the world's largest moot court competition, where he won the Best Oralist Award in Canada and helped his team win the Best Respondent Factum in Canada.

To strengthen appeals to provincial and federal courts, we have expert counsel to draft and revise Appellant or Respondent factums.

Not exact matches

UBC also swept the Peter Cory prizes for best factum, winning first place for their appellant factum and second place for their respondent's.

[66] I would adopt the statement of the law concerning causation set out by the respondent in his factum:

and Semelhago v. Paramadevan [1996] 2 S.C.R. 415: For which see Siebrasse's critique, which interestingly quotes from oral argument an exchange between Gonthier J and John Swan as counsel., where the court's decision was based on a line of reasoning and authorities that were found nowhere in the appellant's or respondent's factums and were never canvassed in oral argument.

This was indeed a central theme — if not THE central theme — of the respondent's factum and arises from a plain and straightforward reading of the statute.

The SCC has not yet seen fit to include the appellant's reply factum, the factums of the four interveners, or the respondent's reply to the interveners» factums.

In this situation, the appellant had, in fact, filed a Reply factum, and the respondent brought a motion to strike the factum.

This case dealt with whether, on a leave to appeal motion, the appellant was permitted to file a «reply» factum, responding to points raised by the respondent.

By contrast, the respondent father argues that any interpretation that is contrary to a strict «shared parental intentions» approach will result in an increase in international child abductions as a result of an undermining of the Hague Convention mechanism: «The greater the ease... the greater the incentive to try» (Factum of the Respondent JPB atrespondent father argues that any interpretation that is contrary to a strict «shared parental intentions» approach will result in an increase in international child abductions as a result of an undermining of the Hague Convention mechanism: «The greater the ease... the greater the incentive to try» (Factum of the Respondent JPB atRespondent JPB at para 54).

Recipient of the Best Respondent's Factum award for the Frank M. Callaghan Memorial Moot at the University of Toronto Faculty of Law.

Significantly, Berger J.A. found no prejudice to the respondent — so long as the applicants» submissions are confined simply to the proposed joint factum.

Following her review of the materials filed by the plaintiff's lawyer and her thorough analysis of the rules governing court approval of settlements for persons under disability, Madam Justice Corthorn noted that there were a number of procedural and substantive problems with the materials before her, including but not limited to the fact that the application record was not served on the respondent and no factum had been filed by the applicant.

The factum states in early January of this year the LSUC obtained a phone call recording from the sheriff's dispatch centre in San Bernardino County «of someone believed to be the respondent» making further explicit threats against Kochis.

«The threats underlying the criminal charges and disbarment occurred prior to the respondent obtaining his license to practise here in Ontario,» the factum states.

On copyright, there was no clearly dominant position although respondents were attracted by the idea that factums were documents created for a specific public purpose, and should be made publicly accessible.

In Mr. Lederman's view, the objective of Mr. Bhasin in signing the Agreement was to have the contract renewed perpetually until his retirement at age 65 (i.e., renewed three times, each for a period of three years, for nine years until his retirement)[para 133 of Respondents» Factum].

On the other hand, the defendants» written submissions argue at length that the clear and unambiguous language of Clause 3.3 represents the entirety of the parties» reasonable expectations regarding contract renewal [para 89 of the Respondents» Factum].

On that motion, the respondent did not bring a cross-motion asking for a representation order but she advanced that request in her factum.

On this point, the plaintiff was in agreement with the defendants / respondents CAFC and Mr. Hrynew; the employment and franchise contexts do not apply to the impugned commercial contract [paras 77 - 78, 84 of the Respondents&raqurespondents CAFC and Mr. Hrynew; the employment and franchise contexts do not apply to the impugned commercial contract [paras 77 - 78, 84 of the Respondents&raquRespondents» Factum].

It is a good idea to review both the appellants» and respondents» factums to get a fuller picture.

[17] In his factum, the respondent's counsel referred to a recommendation made by Commissioner Cunningham, in October 2011, in the Mississauga Judicial Inquiry.

Mr. Finkelstein appeared to be responding to the defendants» written submission that in order to enforce an implied duty of good faith, the court must find that such an implied term is necessary to give business efficacy to the Agreement [paras 113 - 114 of the Respondents» Factum].

However, paragraph 129 of the Respondents» Factum provides a fairly succinct reply of its own:

CAFC did not share Mr. Bhasin's objective, nor did CAFC intend for the contract to confer that right, as evidenced by the non-renewal clause in dispute [para 145 of Respondents» Factum].

Mr. Lederman replied that when a court looks to the reasonable intention of the parties, any imbalance in bargaining power between parties does not affect the contract's interpretation, unless the contract was unconscionable at the time of formation [para 85 of Respondents» Factum].

It is stated at para. 59 of the Respondent's Factum that, «No objectively reasonable person could conclude that the Respondent, a City Councillor for ten years and Mayor for two years would jeopardize his position for $ 3,150...»

The factum of the respondent was filed earlier this week, and may be of interest.

[In the interests of disclosure I should mention that my then partner Gavin MacKenzie acted for the McKercher firm and that my finger prints are on the respondent's factum; and that I've been involved in the Canadian Bar Association's Task Force on Conflicts of Interest, since its inception — though obviously not in its Wallace intervention.]

The Advocates» Society has also placed online Groia's factum, that of the Canadian Civil Liberties Association as intervener and the respondent Law Society's factum.

Both the respondent and the Appellant's Factum for the SCC can be viewed here.

See in particular Factum of Appellant Chevron Corporation at paras. 100 - 129 and Respondents» factum to the appeal of Chevron Canada Limited at paras. 69Factum of Appellant Chevron Corporation at paras. 100 - 129 and Respondents» factum to the appeal of Chevron Canada Limited at paras. 69factum to the appeal of Chevron Canada Limited at paras. 69 - 98.