Sentences with phrase «appeal a court decision regarding»

These include increased expenses related to the Government's decision not to appeal a court decision regarding the Service Income Security Insurance Plan.

Not exact matches

«We are sad to hear the decision in regards to Mr. Marsh's court appeal.

The High Court had granted the Commonwealth of Australia special leave to appeal the decision in Director, Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union [2015] FCAFC 59 (1 May 2015), in which the Full Federal Court concluded that they should not have any regard to the figures agreed by the parties in relation to penalties.

In its decision regarding Silver's case, the appeals court ruled in 2017 that the definition of official corruption provided to the jurors differed from the one used by the U.S. Supreme Court when it overturned the corruption conviction of former Virginia Governor Bob McDonnell, and so it was possible the jury could have ruled differently had it been instructed on the updated definition of thecourt ruled in 2017 that the definition of official corruption provided to the jurors differed from the one used by the U.S. Supreme Court when it overturned the corruption conviction of former Virginia Governor Bob McDonnell, and so it was possible the jury could have ruled differently had it been instructed on the updated definition of theCourt when it overturned the corruption conviction of former Virginia Governor Bob McDonnell, and so it was possible the jury could have ruled differently had it been instructed on the updated definition of the law.

5.3 All the people of Rep. of Cyprus (even the President of RoC) MUST apply to the LEGAL SYSTEM of Northern Cyprus about an issue related with north Cyprus in order to take their cases to the ECtHR: ECtHR 04.01.2011 decision: «the procedure before the Immovable Property Commission («IPC»), and further appeal to the «TRNC» High Administrative Court, provided for in Law 67/2005, were to be regarded as «domestic remedies» of the respondent State and that NO GROUND OF EXEMPTION has been established in that regard».

Making reference to the Courts Act of 1993 (Act 459), Mr Justice Ofoe said Section 31 (2) holds that «an appellate court, on hearing an appeal in a criminal case, shall allow the appeal if the appellate court considers (a) that the verdict or conviction or acquittal ought to be set aside on the ground that it is unreasonable or can not be supported having regard to the evidence, or (b) that the judgement in question ought to be set aside as a wrong decision on a question of law or fact, or (c) that there was a miscarriage of justice, and in any other case shall dismiss the appeal.»

The Skeloses appealed their convictions and cited the 2016 Supreme Court decision regarding former Virginia governor Bob McDonnell, a Republican, and the new interpretation it gave to public corruption.

In a ruling handed down on the 17th of December 2015, effectively overturning the decision of the lower courts, the Court of Appeal of Brussels maintained that it was illegal for the Belgian State to end its partnership with the International Polar Foundation with regard to the management of the Antarctic research station.

Alexandria, Va. (September 30, 2015)- The National School Boards Association (NSBA), joined by the Texas Association of School Boards (TASB) filed a «friend of the court» (amicus) brief in the U.S. Court of Appeals for the Fifth Circuit regarding Salazar v. South San Antonio Independent School District, urging the Court to overturn the trial court's decicourt» (amicus) brief in the U.S. Court of Appeals for the Fifth Circuit regarding Salazar v. South San Antonio Independent School District, urging the Court to overturn the trial court's deciCourt of Appeals for the Fifth Circuit regarding Salazar v. South San Antonio Independent School District, urging the Court to overturn the trial court's deciCourt to overturn the trial court's decicourt's decision.

Read CCSA's statement regarding the decision of the Third District Court of Appeal regarding Anderson USD v Shasta Secondary Home School Case.

Colorado Gov. John Hickenlooper plans to appeal the state supreme court's decision in a lawsuit regarding public school funding, the governor announced Wednesday.

The recent Maryland Court of Appeals decision in Tracey v Solesky modifies the common law in Maryland regarding liability for bites attributed to dogs the Court alternately referred to as «pit bull», «pit bull mix» or «cross ‐ bred pit bull mix».

A Maryland Court of Appeals decision regarding pit bulls has many dog owners and rescue groups outraged.

The Campaign Against the Arms Trade, which initiated the claims regarding the UK government's alleged contravention of humanitarian law, will now appeal against the High Court's decision.

The Court of Appeal backed the High Court decision, holding that the contract was inadequate to protect the interests of the purchasers, and that the firm did not provide enough relevant information, particularly regarding the payment structure of the project and the promoter's commission.

At the Federal Court of Appeal, the essential elements of the Federal Court disposition with regard to required accessibility were confirmed even though some elements of the first instance decision were varied, especially to remove the declaration of infringement by the government and the disposition to the effect that the Federal Court was keeping jurisdiction to ensure the effect of its declaration (Canada (Attorney General) v. Jodhan, 2012 FCA 161 (CanLII)-RRB-.

In a surprising decision, the Supreme Court of Canada reversed the Quebec Court of Appeal (QCA) last week in a decision regarding the provision and payment of «reasonable notice» on resignation.

The Donell case addresses some points regarding solicitor - client privilege that the BC Court of Appeal felt were unsettled since a 2003 Supreme Court of Canada decision in Miranda v. Richer, 2003 SCC 67.

This new decision by the Court of Appeals holds that where the UM insurance company does not stipulate that they caused the injuries complained of, the facts regarding intoxication can come into evidence in the trial judge's discretion.

The recent court of appeal case Kish v Sobchak 2016 BCCA 65 stems from a decision made on summary trial regarding a claim by the deceased's spouse to vary his Will to provide for her.

In what is certainly the most significant decision regarding the court's ability to award costs against non-parties in over 45 years, the Ontario Court of Appeal has clarified the source of the court's jurisdiction to award costs against non-parties and the applicable tests to be appcourt's ability to award costs against non-parties in over 45 years, the Ontario Court of Appeal has clarified the source of the court's jurisdiction to award costs against non-parties and the applicable tests to be appCourt of Appeal has clarified the source of the court's jurisdiction to award costs against non-parties and the applicable tests to be appcourt's jurisdiction to award costs against non-parties and the applicable tests to be applied.

«Focusing on New Jersey appeals, appellate law, and appellate practice, particularly regarding decisions and other actions of the Supreme Court of New Jersey, the Superior Court of New Jersey, Appellate Division, and the Third Circuit Court of Appeals.appeals, appellate law, and appellate practice, particularly regarding decisions and other actions of the Supreme Court of New Jersey, the Superior Court of New Jersey, Appellate Division, and the Third Circuit Court of Appeals.Appeals.»

In its decision denying the application for disqualification of the trial judge, the appeal court made the following observations regarding Groia's conduct in the OSC hearing:

Chris Paliare and Karen Jones represented the College of Chiropractors in Leering v. College of Chiropractors of Ontario, 2010 ONCA 87, a successful appeal of a judicial review decision of the Divisional Court, affirming that there is no exception to accommodate spouses in the zero - tolerance policy regarding health professionals who engage in sexual relations with their patients.

The appeals court adhered to its prior decisions generally upholding the PTAB rules regarding amendment, in part because the PTAB panels do not include examiners and thus lack the capacity to examine amended claims.

He had an integral role in the first case heard by the Quebec Court of Appeal since the Supreme Court of Canada's decision in Progressive Homes Ltd. v. Lombard General Insurance Co. of Canada concerning the extent of the exclusion regarding work performed by the insured.

The Supreme Court of Canada will hear four wide - ranging appeals this week including one that will be of interest to counsel regarding how much of their submissions judges can use in decisions without any attribution.

Four issues had been identified by the parties: (i) whether the Court of Appeal had correctly held that the 2009 and 2010 care plan reviews were to be read as including a reassessment of the claimant's community care needs; (ii) whether the authority's decision to provide pads interfered with the claimant's Art 8 rights and, if so, whether such an interference was justified and proportionate; (iii) whether the authority had been operating any relevant policy or practice for the purposes of s 21E (1) of the Disability Discrimination Act 1995 (DDA 1995) and, if so, whether that policy was justified as a proportionate means of achieving a legitimate aim, namely the equitable allocation of limited care resources; and (iv) whether the authority had failed to have due regard to the needs specified in s 49A of DDA 1995 (the general disability equality duty) when carrying out their functions in the instant case.

Similarly, in the 1936 decision, Kazakewich v. Kazakewich, the majority for the Alberta Court of Appeal summed up the ratios from several Privy Council decisions, including Edwards, and concluded that BNA Act should be interpreted by ascertaining «the intention of the framers... as at the date of the enactment by having regard to the words employed without extraneous aids to interpretation where the language is unambiguous.»

Toyne says the ruling reaffirms the 2001 decision on contempt in T.G. Industries v. Williams at the Nova Scotia Court of Appeal, also written by Cromwell, and clarifies any confusion with regards to the rare situations when lawyers are found to be in contempt.

On judicial review the chambers justice dismissed the application on the basis that he was bound by the Court of Appeal decision in Ostrensky v. Crowsnest Pass, 1996 ABCA 18 in regards to the effect of a tie vote and that the privative clause in the Teaching Profession Act «insulated all decisions from judicial review except on questions of jurisdiction».

The Court of Appeal maintained the motion judge's assessment of the Bardal factors as it found no reason to interfere with his decision in this regard.

The Court of Appeal ruled «the extended detention of defendant was unreasonable where the court could not say that the entire period of defendant's detention was justified by government interests made... Continue reading Important Court of Appeal Decision Regarding Prolonged Detention of Third Party During Probation Compliance SCourt of Appeal ruled «the extended detention of defendant was unreasonable where the court could not say that the entire period of defendant's detention was justified by government interests made... Continue reading Important Court of Appeal Decision Regarding Prolonged Detention of Third Party During Probation Compliance Scourt could not say that the entire period of defendant's detention was justified by government interests made... Continue reading Important Court of Appeal Decision Regarding Prolonged Detention of Third Party During Probation Compliance SCourt of Appeal Decision Regarding Prolonged Detention of Third Party During Probation Compliance Search

On 5 February 2018 the Court of Appeal of Rome issued an important case regarding distributorship contracts (Decision No. 691/2018).

The Arizona Court of Appeals issued a decision in Depasquale v. Superior Court regarding a judge's discretion to defer a judicial decision to an expert witness.

Re Grabiec [2015] EWHC 1548 (Ch); [2015] B.P.I.R. 1311 Appeal to High Court following decision of Chief Registrar raising issues regarding the availability of set - off as a defence to a statutory demand, including where the debtor's proof had been rejected in the creditor company's winding up

An interesting decision was issued by the Arizona Court of Appeals in Munari v. Hotham regarding whether a stepparent could be held in contempt for violation of a court order for visitation of his or her spouse's cCourt of Appeals in Munari v. Hotham regarding whether a stepparent could be held in contempt for violation of a court order for visitation of his or her spouse's ccourt order for visitation of his or her spouse's child.

The appeal raises two legal issues regarding the interpretation of the Supreme Court of Canada's decision in Carter v. Canada (Attorney General), [2015] 1 SCR 331:

The Court decisions regarding the first version are still under appeal so everything could be upset by later rulings on the first version.

In this regard the Court followed R v Chaluk, 1998 ABCA 253 and cited from the more recent Ontario Court of Appeal decision R v R (R), 2008 ONCA 497:

This decision was appealed to the Ontario Court of Appeal and dismissed again, whereas Campbell J.'s findings regarding Mr. Groia's conduct were affirmed (para. 13).

On 26 February 2016, in a decision regarding the Oil - for - Food Programme, the Paris Appeal Court refused to apply the double jeopardy provision of the Code of Criminal Procedure to a US DPA.

The Court of Appeal in Amsterdam has confirmed a first instance decision that chemicals manufacturer Kemira could be pursued before the Dutch Courts with regard to claims that relate to the sodium chlorate cartel.

The Arizona Court of Appeals issued a decision regarding living together and spousal maintenance in Van Dyke v. Steinle regarding whether a former spouse's cohabitation with another person provides a basis to modify or terminate an Arizona spousal maintenance award.

For more in - depth information regarding such arrangements, please read our synopsis of the Arizona Court of Appeals decision in the Woodside v. Woodside case.

A B.C. Court of Appeal decision has stirred discussion on the issue of liability regarding engaging in settlement negotiations.

If you disagree with an administrative decision regarding your unemployment benefits in Nevada — and if you have appealed that decision as high as you can through the Nevada Employment Security Division appeals process (referred to as «exhausting your administrative remedies»)-- you have the right to appeal the final board of review decision to the district court in the county where you were employed and where your claim arose.

On 27 July 2011, the UK Supreme Court handed down a judgment which clarified concerns raised by the earlier Court of Appeal decision regarding the ability of parties to exclude certain categories of person from appointment as arbitrators.

A 2001 decision from the Ontario Court of Appeal interpreted Article 13 subsection (a) of the Hague Convention and established the test to be applied with regards to acquiescence.

A recent decision of the Federal Court of Appeal («FCA») has muddied the waters regarding the role of the administrative tribunals in Crown - Aboriginal consultation and effectively diminished the duty of tribunals to assess the adequacy of Crown consultation in respect of project applications before them.