Sentences with phrase «against appellants»

In January, 2010, State Farm commenced an action against the appellants in the names of Art Douglas and Wendy Douglas.

These findings are subsequently upheld by the Court of Appeal and the Attorney General stays the charges against the Appellants.

Fraud and tax evasion charges are laid against the Appellants.

4 Mar. 28, 2018)(unpublished), respondents filed cross-claims for breach of contract, indemnity, and fraud against appellants, with respondents winning on their cross-claims except for the fraud claim to the extent of $ 1,311,772.

In Gutowski, a municipal councilor brought an action in defamation against the appellants, fellow municipal councilors in the County of Frontenac, which stemmed from statements made by the appellants in a regular council meeting.

The proceedings arose out of a possession order obtained against the second appellant and an anti-social behaviour injunction against both appellants, in December 2004, which they appealed.

Dr. Mann has transgressed scientific norms and offended First Amendment principles by bringing a defamation claim against Appellants for their pointed criticism of his scientific methodology.

«The two issues for determination are resolved against the appellants.

In Justice Mohammed's judgment, which was read on his behalf by Justice Ejembi Eko, the apex court resolved all the three issues raised in the appeals against the appellants.

The Appellate court in its judgment delivered by Justice H.A.O Abiru upheld the decision of the lower court and resolved all issues raised against the appellant.

However, in considering the main appeal, a panel of five Justices of the Supreme Court in a unanimous judgment today resolved all the issues against the appellant (Daudu) and accordingly dismissed the appeal in its entirety.

The facts of the case also do not support a finding of personal liability against the appellant Simonson.

It was the above alleged conduct that necessitated the filing of criminal charges by the Independent Corrupt Practices and other Related Offences Commission (ICPC) against the Appellant at the High Court of the Federal Capital Territory (FCT), Abuja.

However the respondent's claim against the appellant is not derived from the clients» claims, and is rather an independent cause of action.

In this case, the finding against the appellant's credibility pervades the judge's rejection of his claim for greater damages.

... I agree that the Board did not adopt the evidence of any particular witness for or against the appellant.

The representative of the appellant argues that the judgment of the original court which acknowledged the jurisdiction of the Japanese court in an action of the appellee who is a Japanese national claiming divorce in the present case against the appellant who has a nationality of the German Democratic Republic is against the law.

The non-solicit was found to be reasonable and thus enforceable as against the appellant.

After the police released the appellant from arrest without charge, two newspapers applied to lift a Crown Court order postponing his identification in contemporaneous reports of the criminal trial on the ground that there were now no «pending or imminent» proceedings against the appellant that might be prejudiced by publication.

Similarly, in Erdmann v Complaints Inquiry Committee, 2016 ABCA 145 (CanLII), Justices Jack Watson, Bruce McDonald and Frederica Schutz dismissed an appeal of a professional disciplinary body's decision against the appellant, where she had been found guilty of three counts of unprofessional conduct as a chartered accountant and ordered to pay fines and costs.

The respondent brought a public procurement claim against the appellant NDA, in connection...

The Court was careful to distinguish between what is involved in demonstrating whether reasonable and probable grounds support an arrest / charges against the Appellant and what the Crown has to prove: guilt (i.e. the factual and mental elements of an offence) beyond a reasonable doubt.

The respondent brought a public procurement claim against the appellant NDA, in connection with its unsuccessful bid for a contract for services to decommission sites previously used for nuclear generation.

Where an appeal is unsuccessful costs may be awarded against the appellant.

Finally, the Court of Appeal dismissed the Appellant's argument that the Crown's treatment of «Terrio» the co-accused was actually a reflection of bias against the Appellant.

Costs of the appeal of $ 35,000 ordered against the appellant husband.

Costs of the appeal of $ 35,000 were awarded against the appellant husband — one of the highest costs awards for a family law appeal so far this year.

Costs of $ 3000 ordered against the appellant wife.

The trial judge made strong findings against the appellant, including that the renovations were «grossly in violation of the [appellant's] obligations» (at paragraph 17), and that the renovations were in «dereliction of the responsibility of a committee, who should have the interest of the incapable party in mind» (at paragraph 24), resulting in the judge ordering the expenditures to be charged back to the appellant.

Costs of $ 3000 were ordered against the appellant wife.

Costs of $ 15,000 ordered against the appellant husband.

The Law Society also argued that the public would question the regulation of paralegals if a stay were granted when two panel decisions had found against the appellant and he conceded that he had made serious misrepresentations in his registration application.

The co-accused pleads guilty and the Crown calls him to testify against the Appellant.

She mentioned this evidence but did not use it against the appellant.

However, the Tribunal notes that the case law has established that its role is not to determine whether the dismissal is justified or whether the sanction taken against the Appellant was appropriate, but to determine whether the Appellant's actions constitute misconduct within the meaning of the Act (Caul, 2006 FCA 251 (CanLII), 2006 FCA 251; Marion, 2002 FCA 185 (CanLII), 2002 FCA 185; Secours, A-352-94).

Its reason for doing so was that if the officer was required to testify in a case that he might bring against the Appellant, his testimony will be at risk if the Appellant sought disclosure of the unproven allegations.

The trial judge made findings of fact and credibility against the appellant and in favour of the lawyers, which led him to conclude that the services provided by the lawyers were necessary and of benefit to the appellant.

Due to the regulatory scheme and the Visitors of the Inns of Court's jurisdiction, as applicable to the disciplinary proceedings against the Appellant, the Supreme Court concluded that the Respondent's part in the proceedings before the Disciplinary Tribunal and those before the Visitors should be regarded as part of a single continuing act.

On May 18, 2012, the Respondents filed a notice of civil claim and filed a certificate of pending litigation («CPL») against the Appellant's Robert's Creek property.

The conduct alleged against the appellant, a «combination... or conspiracy by traders in restraint of trade», with the added ingredient (s) of an intention financially to prejudice the conspirators» customers, was capable of being regarded by ordinary people as dishonest.

Mr. Mashgoul filed a complaint with the Respondent Human Rights Tribunal in April 2014 against the Appellant, the contracting company, and the City of Delta, which was the owner of the road project.

While the first defence does not apply in this case, the motion judge accepted the respondent's evidence that he was innocent of any wrongdoing and unaware of the fraud perpetrated against the appellant.

The respondent moved successfully for summary judgment against the appellant for payment based on the guarantee.

The respondent was the plaintiff in the underlying action who subsequently entered into two agreements with the defendant, H&M Combustion Services Ltd. («H&M») in 2011 and 2016, to indemnify H&M from any exposure in the litigation in exchange for the assignment of its rights to the plaintiff in pursuing a third party claim that H&M commenced against the appellant.

Those methods do not resolve difficult legal cases, but merely conceal the true springs of decision in such a case, which involve a careful examination of the practical consequences of a decision for or against the appellant.

Not exact matches

«Requiring the banks to pay treble damages to every plaintiff who ended up on the wrong side of an independent Libor ‐ denominated derivative swap would, if appellants» allegations were proved at trial, not only bankrupt 16 of the world's most important financial institutions, but also vastly extend the potential scope of antitrust liability in myriad markets where derivative instruments have proliferated,» the U.S. Court of Appeals in New York said in the ruling.A U.S. appeals court on Monday revived private antitrust litigation accusing major banks of conspiring to manipulate the Libor benchmark interest rate, in a big setback for their defense against investors» claims of market - rigging.

Saraki said the appellate court erred in law when it affirmed the competence of the proceedings of the CCT, which sat on the appellant's case with only two members as against the three provided for in the provisions of Paragraph 15 (1) of the Fifth Schedule to the 1999 Constitution.

But in the three judgments on Thursday, the Justice Gumel - led panel of the appeal court upheld the appeals against the tribunal's verdicts filed on behalf of the the appellants by their lawyer, B. E. I. Nwofor (SAN).

At the hearing of the appeal, Daudu faulted the judgment of the appeal court on among other grounds that it erroneously affirmed the competence of the proceedings of the Code of Conduct Tribunal, which sat on the appellant's case with only two members as against the three provided for in the provisions of Paragraph 15 (1) of the Fifth Schedule to the 1999 Constitution.

He directed that the appellants should raise the issues in their interlocutory appea ls in when they file substantive appeals which they wish to file against the Court of Appeal's judgment delivered on Thursday.