Sentences with phrase «affidavit evidence in this case»

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

Not exact matches

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

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.

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

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.

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.

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.

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.

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.

Cross-examination on affidavit is best reserved for cases in which the affiant attests to information which is not supported by any documentary evidence.

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

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 disputIn 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 disputin dispute.

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

Harvison Young J. concluded that the number of recent cases which accepted and applied the reasoning in Ainslie «overwhelming supports the motion judge's interpretation of s. 138.8 that it does not require the defendants to deliver affidavits or to be subjected to cross examination when they do not intend to lead evidence in response to the leave motion».

Countiss says the Supreme Court decided the case on the parol evidence rule without addressing Haden's challenge to the adequacy of the affidavit Sacks presented to the trial court to justify the thousands in dollars in fees Sacks claimed he was owed for trying to collect payment from Haden.

Alternate means to resolve cases should also be considered, such as pursuing a case by way of a hybrid trial (essentially a summary trial, with evidence in chief tendered mostly by way of affidavit evidence, with viva - voce evidence focused on cross-examination), or choosing to adjudicate the case by final and binding arbitration.

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.

... In the present case, that exercise has a somewhat surreal dimension to it, since the claim of the plaintiff is, to say the least, novel and unconventional... I conclude that the evidence adduced through the affidavit of Staff Sergeant Kjemhus is not of such an effect to cause this Court to conclude that the plaintiff's claim is doomed to fail.

However, as can be seen from the evidence presented by the applicant in AKO Capital, the affidavit which grounds the application for substituted service should include more detail than would ordinarily be the case in a standard application.

Acquired and verified facts, secured signed statements, affidavits and documentary evidence to be included in reports or case files.

An affidavit or affidavits setting out the evidence on which the allegations in the Notice of Child Abuse, Family Violence or Risk of Family Violence (Current Case) are based (Rule 2.04 D (1)(a)-RRB-.

If there are no issues of fact in your case, and you are arguing with your spouse over whether an undisputed set of facts justifies setting aside your agreement, you may have a summary hearing, where the court reviews pleadings and affidavits and makes an order based upon the evidence in the case file.