Sentences with phrase «affidavit evidence in»

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.

The affidavit evidence in this case, as in similar motions I have seen, is silent on these issues.

Click below to read some of the affidavit evidence in the Ontario and B.C. marriage cases.

Not exact matches

«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.

My tweet of Friday April 20, 2018 was typical of the reaction, «Actually Buhari was describing himself - he didn't get a good education and has no certificate; he's lived on the Nigerian state all his life; he doesn't like work; and he's fixated on Nigeria's oil...» In truth, Buhari has not presented evidence of completing secondary school - in all the elections he contested, including in 2015 he tendered affidavits to INEC and has declined to perform the simple task of providing his school certificate; since he joined the army in 1961, he has been a «ward» of the Nigerian state and served in multiple states as military governor, as Minister of Petroleum and Chairman of NNPC board under illegal military regimes; he was himself an unconstitutional military head of state; he was Chairman of Petroleum Trust Fund (PTF) under the despotic and thieving dictator, Abacha; and is now back as civilian presidenIn truth, Buhari has not presented evidence of completing secondary school - in all the elections he contested, including in 2015 he tendered affidavits to INEC and has declined to perform the simple task of providing his school certificate; since he joined the army in 1961, he has been a «ward» of the Nigerian state and served in multiple states as military governor, as Minister of Petroleum and Chairman of NNPC board under illegal military regimes; he was himself an unconstitutional military head of state; he was Chairman of Petroleum Trust Fund (PTF) under the despotic and thieving dictator, Abacha; and is now back as civilian presidenin all the elections he contested, including in 2015 he tendered affidavits to INEC and has declined to perform the simple task of providing his school certificate; since he joined the army in 1961, he has been a «ward» of the Nigerian state and served in multiple states as military governor, as Minister of Petroleum and Chairman of NNPC board under illegal military regimes; he was himself an unconstitutional military head of state; he was Chairman of Petroleum Trust Fund (PTF) under the despotic and thieving dictator, Abacha; and is now back as civilian presidenin 2015 he tendered affidavits to INEC and has declined to perform the simple task of providing his school certificate; since he joined the army in 1961, he has been a «ward» of the Nigerian state and served in multiple states as military governor, as Minister of Petroleum and Chairman of NNPC board under illegal military regimes; he was himself an unconstitutional military head of state; he was Chairman of Petroleum Trust Fund (PTF) under the despotic and thieving dictator, Abacha; and is now back as civilian presidenin 1961, he has been a «ward» of the Nigerian state and served in multiple states as military governor, as Minister of Petroleum and Chairman of NNPC board under illegal military regimes; he was himself an unconstitutional military head of state; he was Chairman of Petroleum Trust Fund (PTF) under the despotic and thieving dictator, Abacha; and is now back as civilian presidenin multiple states as military governor, as Minister of Petroleum and Chairman of NNPC board under illegal military regimes; he was himself an unconstitutional military head of state; he was Chairman of Petroleum Trust Fund (PTF) under the despotic and thieving dictator, Abacha; and is now back as civilian president.

«Evidence from other witnesses indicates that Mr. McInerney had a major role in the conspiracy,» according to a State Police affidavit.

«Evidence from other witnesses indicates that Mr. McInerney had a major role in the conspiracy,» according to a State Police affidavit filed last year.

Among other things, Fitzpatrick is looking for evidence of alleged wrongdoing connected with what he called «phony affidavits» filed in the lawsuit by two city councilors who are friendly with Miner.

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

He tells us that for five years from 1903, the claims of Wilbur and Orville Wright to have flown a machine that was heavier than air were derided and dismissed by Scientific American, in spite of «scores of public demonstrations, affidavits from local dignitaries, and photographs...» Apparently, what the Wrights had done was considered scientifically impossible and so all their evidence was ridiculed.

The affidavit is submitted as corroborating evidence in court.

Or, by stating in the affidavit: how, from whom, and where the UA was obtained; why a bill of sale or other equal transfer of ownership document is unavailable for filing with the affidavit; and, attaching any other evidence of the transaction (s) such as a sales receipt, invoice, etc..

In some cases, the only evidence they produce is attached to what appears to be a robo - signed affidavit.

No evidence was filed in support, though the wife later added a sworn affidavit which stated that the husband had not paid the money which he had been ordered to pay, as happens with the present procedure under CSA 1991.

Arbitration with all evidence in direct provided through affidavit, with limited rights of oral cross-examination and other evidence provided by joint expert reports, admissions and answers to interrogatories.

In fact, Atlas neglected to provide an affidavit from Skakie himself, offering instead only hearsay evidence from VanLeemput on the HR manager's intentions.

In granting A.B.'s application for personal constitutional exemption, Judge Perell considered the affidavit evidence provided by A.B., his wife and daughter, physicians, a geriatric psychiatrist and a legal assistant of A.B.'s counsel, as well as legal argument from A.B.'s lawyers.

[13] As I noted when I referred to the affidavit filed by the plaintiff in response to the application, there is very little evidence with respect to the nature of the medical problem that will prevent the plaintiff from attending at an independent medical examination.

Mr. Morley has submitted evidence as an expert in courts in the United States, Canada and Australia, in the form of testimony, affidavits or affirmations, as to such international family law matters as:

Rather, the evidence submitted was an affidavit made in support of third party litigation against the insurance company.

Affidavit evidence that was before the court noted that Lynda Thibodeau asked in French for a 7Up, but the unilingual English - speaking flight...

Evidence was presented by way of Affidavit in which RT indicated that at the moment he went through the roadblock he thought it was only in the preliminary stages of being set up by the police.

[10] In my opinion, the plaintiff's pleadings and her affidavit evidence make the entire photographic record of her trips to Las Vegas and Palm Springs, and to the Caribbean, relevant to matters in question in this suiIn my opinion, the plaintiff's pleadings and her affidavit evidence make the entire photographic record of her trips to Las Vegas and Palm Springs, and to the Caribbean, relevant to matters in question in this suiin question in this suiin this suit.

Evidence was presented by way of Affidavit in which AS indicated he had previously consumed 2 beer and produced a restaurant receipt as proof.

The Court noted some difficulty reconciling the activities depicted in the photos with the «Plaintiff's perception of what is a physical activity» based on her affidavit evidence.

Affidavit evidence produced by driver explaining that she was merely picking up a friend from the Pub and when she exited the parking lot of the Pub she was merely avoiding several potholes in the parking lot and swerved around them.

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.

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.

[84] Defence counsel argued that to the extent there are inconsistencies between the information in Ms. Lachan's affidavit and the information in Dr. Pershad's affidavit on matters of material fact, I should prefer Ms. Lachan's evidence as being more credible and resolve the inconsistencies in her favour.

The tort claim process typically includes the following steps: • Investigation of the accident and evidence gathering / review (medical reports, witness statements, etc.) • Expert assessment of the needs and damages of the injured party • Provide an official statement of claim • Receive statement of defence • Prepare, submit, and receive affidavits of documents for all parties involved • Attend examinations for discovery with your lawyer • Attempt to settle the tort claim out of court by negotiating, mediating, or engaging in pre-trial measures • Trial

Note: This is not all of the evidence in the cases; the applicants in both Ontario and British Columbia filed many other affidavits as well.

In addition to the requirements under Rule 15.04, lawyers should include in an affidavit evidence of the status of the action (e.g., have discoveries taken place, has the action been set down, are there upcoming motions) and the reason for removaIn addition to the requirements under Rule 15.04, lawyers should include in an affidavit evidence of the status of the action (e.g., have discoveries taken place, has the action been set down, are there upcoming motions) and the reason for removain an affidavit evidence of the status of the action (e.g., have discoveries taken place, has the action been set down, are there upcoming motions) and the reason for removal.

The first was a summary trial and the second was an application for an interim order, meaning that the evidence in both was presented exclusively by affidavit.

The costs of seeking a temporary Court Order may be significant as this will require the bringing of a Motion to the Court which will in turn require the preparation of Affidavit evidence.

Show the judge the evidence that supports your case by pointing out where the evidence is in the affidavits in the petition record (use the tab numbers and page numbers to help the judge find the documents).

(iv) Where the court is not satisfied on the basis of the affidavit and the other evidence before it that the right to withhold inspection is established, it may: (a) conclude that the evidence does not establish a legal right to withhold inspection and order inspection; (b) order a further affidavit to deal with matters which the earlier affidavit does not cover or on which it is unsatisfactory; (c) inspect the documents (inspection should be a solution of last resort and should not be undertaken unless there is credible evidence that those claiming privilege have either misunderstood their duty, or are not to be trusted with the decision making, or there is no reasonably practical alternative); or (d) order crossexamination of a person who has sworn an affidavit (however, cross-examination may not be ordered in the case of an affidavit of documents.

As a result, Joseph Neuberger provided a detailed chart of the inconsistencies in the complainant's evidence between her statement and the various affidavits filed in Family Court, a recording of the son and Joseph Neuberger further provided the full draft cross-examination to the Crown for her review.

This way, the claimant must put their evidence on the record before they have seen the potentially contradicting evidence in the engineering report.8 Since privileged documents must be listed in Schedule «B» of an affidavit of documents, but there is no duty under the Rules to update Schedule «B», it is best to serve the affidavit of documents in advance of the collection of reports and surveillance.

In countless Canadian and other decisions abroad, joint affidavits have been received and considered by the courts without any thought as to whether an affidavit made by more than one affiant at the same time and as to the same allegations is good evidence.

There was no supporting evidence and Joseph Neuberger acquired an Affidavit from a former witness used by the complainant who recently confirmed in the Affidavit, under oath, that the complainant had asked her to lie in the previous case.

In allowing the appeal from the Master's decision, Justice Gorman had held that the plaintiff failed to satisfy her onus under Rule 48.14 because she failed to file affidavit evidence.

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.

[42] I see no usefulness in questioning Adjuster Johnston about Mr. Albertson's authority to settle the 2006 accident because he clearly had that authority from the plaintiff given the plaintiff's affidavit evidence.

Some cases have suggested that need must be established by filing medical evidence, such as an affidavit from the first examining physician recommending a further examination by a health practitioner competent in another specialty.

In practical terms, when there is no time between the application to strike inadmissible evidence and the hearing of the lis, this means portions of filed affidavits are given no weight by the court.

24 (1) If a document is submitted in an electronic format and is required under any Act to include an affidavit, a declaration, a statement or any other written evidence, the evidence shall be in an electronic format approved by the Director of Land Registration and shall be included in a manner approved by the Director of Land Registration.

Elsewhere, on page 7, after summarizing affidavit evidence presented for the union by Prof. John Fryer of the University of Victoria and AUPE Negotiator Dale Perry, the judge says of affidavit evidence filed in response by the government's lawyers: «John DeCesare... is an articling student at McLennan Ross, the law firm representing Alberta.

That failure, in these circumstances, undermines the defendant's affidavit evidence, calls into question the dominant purpose for the creation of Item 4.3, and is fatal to the defendants» claim for litigation privilege over Item 4.3.

Imagine the public's confusion when former AFN Regional Chief Jodi Wilson Raybould, as Minister of Justice, appears in litigation against Mi «kmaw or Maliseet land defenders asserting our Aboriginal and treaty rights and Canada's evidence will include affidavits from former AFN National Chiefs saying the pipeline is great business?

The Respondent then has 30 days in which to serve and file their affidavit evidence.