Sentences with phrase «affidavit evidence»

The motion can require extensive preparation of affidavit evidence, expert reports, and written materials, and may take over a year before it is heard by the court.

This means the judge must be able to find the necessary facts and issues on affidavit evidence before giving judgement.

In some cases, the court may require affidavit evidence explaining the significant of the information sought to be filed and the consequences of its disclosure to the public to the parties.

The application was heard on the basis on the record notwithstanding conflicting affidavit evidence.

A motion is a court appearance where both parties tell the judge their story through affidavit evidence and request the judge to make a particular order.

[14] In this case, the parties submitted affidavit evidence.

The lower court's findings were «particularly problematic» given they were based so on contested affidavit evidence and without the benefit of a full hearing, said the ruling.

The only «evidence» came from an estate agent whose affidavit evidence «the court had refused to admit».

The question of whether an application requires affidavit evidence will not always be determined by what remedy is sought.

Malamas also argued Superior Court Justice Frank Newbould didn't have authority to conduct the vexatious litigant application; there were inconsistencies in his reasons; and there was no admissible affidavit evidence in support of the application.

In this case, the Court found that the brokerage failed to provide crucial affidavit evidence from the clients, apart from hearsay evidence, which was required to determine the issues in dispute.

Hydropool was a case of false affidavit evidence which did meet those requirements.

A more pertinent example would be the scarcity of affidavit evidence before the court demonstrating that there is local business and community support for the movement to offset similar materials filed by the City (at midnight the day before the hearing) from neighbours complaining about the situation.

Pursuant to that power, the complainant sought to introduce affidavit evidence from Registrants 2 and 3 and a Dean of Langara College, policy documents from Langara College and the Integrative Healing Energy program, the Code of Ethics for Registered Nurses, and disciplinary decisions from the Ontario College of Registered Nurses.

So long as divorce is the only relief which you seek from the court, and the divorce proceeds on an uncontested basis, then the court will consider only affidavit evidence (written evidence — and you shouldn't be called as a witness).

Defence lawyer Joseph Neuberger was able to obtain additional and valuable information through the family court proceedings, including Affidavit evidence that provided the basis to establish a motive to fabricate.

Not to mention that she also considered the extensive affidavit evidence which brought to light the cognitive and behavioural needs of elephants, and the fact that they are entirely sentient and self - aware.

Keywords: Family Law, Divorce, Support Orders, Orders of the Court, Refusal to Obey, Arrears of Support, Introducing Affidavit Evidence after Expiry of Timelines

The Judge had said that he was baffled with the claim of any further investigation of Dasuki by DSS because the same DSS had filed before the court affidavit evidence that they have completed investigations on Dasuki and ready for his trial.

A lawyer who appears as advocate shall not testify or submit their own affidavit evidence before the tribunal unless

Child Custody and Parenting Orders Emergency Protection Orders Exclusive Possession Orders Financial Support Options Gathering Evidence of Abuse If You're Thinking of Leaving Leaving an Abusive Relationship... If you are not a Canadian citizen No Contact Orders — Flowchart Peace Bonds Planning for an Emergency Preparing for Court Queen's Bench Protection Orders Restraining Orders Serving Documents on an Abusive Party Working with a Family Law Lawyer Writing an Affidavit

AFFIDAVIT EVIDENCE AT UNCONTESTED TRIAL (22) At an uncontested trial, evidence by affidavit in Form 14A or Form 23C and, if applicable, Form 35.1 may be used without an order under subrule (20), unless the court directs that oral evidence must be given.

Affidavit evidence under 20.02 is still used in accordance with subrule 39.01 (4), but responding parties can no longer just rely on pleadings and must show a genuine issue for trial using their own affidavits or supporting evidence.

Carey responded with affidavit evidence but did not attend.

For those not familiar with «summary trials» they are commonly referred to as «paper - trials» because no witnesses testify in court, rather the lawyers present their cases through sworn affidavit evidence.

In this case affidavit evidence is necessary to determine the defendant's applications for an adjournment and a publication ban.

[10] Mr. Brun, Q.C., argued on behalf of Mr. Cahan that his application could proceed without affidavit evidence and on the basis of submissions by counsel alone.

In any event, the complainants subsequently filed substantial affidavit evidence and documents with the Tribunal in response to the motion to dismiss.

Did the trial judge err in considering only Sandra's affidavit evidence respecting her income after turning 65?

In refusing to grant the defendant's request to have the Divisional Court reconsider Justice Eberhard's decision (2013 ONSC 6974), Justice Gregory M. Mulligan, perhaps somewhat ironically given his name, held that, given the competing affidavit evidence and the fact that there would remain issues that could only be resolved with the full mechanism of a trial, Justice Eberhard's was not sufficiently incorrect to warrant a reconsideration by the Divisional Court.

Sometimes evidence goes by way of oral evidence and not affidavit evidence depending on the judge or the court Registry.

The court rejected Lam's submission the case should go to trial because of a credibility issue raised by contradictory affidavit evidence.

The Court upheld all of the trial judge's decisions that summary trials were appropriate stating at para 80, that «The existence of conflicting affidavit evidence establishes that there is disagreement among the affiants.

The form of special case was settled by the court at a judicial management conference, but counsel for the Appellants refused to sign the statement of special case because of the extensive disputed affidavit evidence that, by then, had clearly demonstrated that the parties were not in agreement with respect to the facts.

It recognised that «the Martu Elders» affidavit evidence clearly supports the agreed concession that the native title party has made that they are not opposed to mining over parts of the Lake but only wishes mining to proceed on terms acceptable to it».

I was aware, based on information which I verily believe from Catherine Frazee, who submitted affidavit evidence in both cases, that the record in Leblanc was more complete than the record in Carter.

It is for the judge to decide whether a particular application requires affidavit evidence and whether any affidavits that have been tendered are relevant.

The hearing and disposing of litigation by way of affidavit evidence only or by use of truncated or expedited judicial process.

This is usually done through affidavit evidence.

«From the affidavit evidence before the court, the applicant (EFCC) has shown clearly that the property sought to be forfeited was reasonably suspected to have been acquired with the proceeds of unlawful activities of Mr. and Mrs. Ayodele Oke in the name of Chobe Ventures.

Agabi specifically referred the tribunal to the evidence of Mr. Samuel Madojemu, the Head of Investigation and Intelligence Unit of the Code of Conduct Bureau (CCB) and his affidavit evidence adding that throughout his testimony, he based his evidence on hearsay from the Economic and Financial Crimes Commission (EFCC), adding that witnesses ought to be called to prove the case were no called.

«That there is a clear suppression and misrepresentation of facts in the Attorney General's Affidavit evidence, pursuance to which the Order was granted.

The grant of the permission followed the affidavit evidence filed by the Federal Government that investigations into the alleged possession of firearms and money laundering have been fully completed.