Sentences with phrase «appeals of decisions involving»

Civil cases in the criminal division include civil suspensions of driver's licenses, cases involving contested fish and wildlife fines, and appeals of decisions involving traffic and municipal ordinance violations.

Not exact matches

The Ontario Court of Appeal has upheld a decision that a lawyer must personally pay the legal costs of a hospital and a doctor involved in a legal battle with her, over her attempt to remove a client from life support, saying she was «intent on achieving her own personal objective.»
The messages of Amos, Hosea, Micah, and Isaiah, while addressed to Israel as a whole, demanded decision and action on the part of the Israelite, and this appeal to intellectual discrimination and ethical choice involved a consequence more important than the prophets probably guessed.
Former state Assemblyman William Boyland Jr. has asked a federal appeals panel to set him free because last year's Supreme Court decision narrowed the reach of federal anti-corruption laws in a case involving former Virginia Gov. Bob McDonnell.
Kim says the only issue in the appeals panel decision is that the jury instructions were incorrect, because of the recent Supreme Court decision, which involved former Virginia Governor Bob McDonnell and his wife.
I'm talking of Dr. Ifeanyi Ubah who not being satisfied with the decision of the Governorship Appeal Panel, decided to launch a vitriolic attack on the leadership of the party and those who were involved in the conduct of the primary.
Kim said the only issue in the appeals panel decision is that the jury instructions were incorrect, because of the recent Supreme Court decision, which involved former Virginia Gov. Bob McDonnell and his wife.
The fight against Carl Paladino's removal from the Buffalo School Board is something far more involved than just asking a judge to «appeal» the decision of a lower court; it involves building an entire new case and starting a lawsuit from scratch
The dispute involved an appeal to the U.S. District Court by Asterias Biotherapeutics, Inc., (as assignee of Geron Corporation), which sought to overturn both decisions by the U.S. Patent and Trademark Office (USPTO) against Geron in its patent interferences.
In its decision, the U.S. Court of Appeals for the Second Circuit parted ways with the rulings of two other federal appeals courts in similar cases, involving teachers in Boston and Kalamazoo, Mich. (See Education Week, May 18,Appeals for the Second Circuit parted ways with the rulings of two other federal appeals courts in similar cases, involving teachers in Boston and Kalamazoo, Mich. (See Education Week, May 18,appeals courts in similar cases, involving teachers in Boston and Kalamazoo, Mich. (See Education Week, May 18, 1983.)
The decision is one of several in recent months by federal appeals courts grappling with cases involving students who create Web pages ridiculing school administrators or fellow students.
However, Sony was in the midst of appealing a decision from a 2004 lawsuit involving patent infringement claimed by Immersion.
In its decision, the Ontario Court of Appeal noted the trial judge «made many errors» stating the original interpretation did not take into consideration that a two - step process involving consultation by both the province and the federal government is unnecessary, as the treaty right is protected.
Taylor Wessing has been ordered to disclose information it held about parties involved in litigation, in a landmark Court of Appeal decision on legal professional privilege under the Data Protection Act 1998 (DPA 1998).
The Ontario Court of Appeal has upheld a decision that a lawyer must personally pay the legal costs of a hospital and a doctor involved in a legal battle with her, over her attempt to remove a client from life support, saying she was «intent on achieving her own personal objective.»
appeals from municipal decisions involving inland wetlands and watercourses permits, site plans, special permits, variances, and subdivisions for an array of land use proposals such as these:
Please join our panelists, litigation partners Antonio Perez - Marques, who argued the Albaniabeg vs. Enel appeal, and Frances Bivens, a leader of Davis Polk's international arbitration practice, for a discussion of the unique issues involved in defending claims at the enforcement phase, and the impact of the Enel decision.
The Appeal Court's decision in Bradbury was given a few days before the Court's IBM Decision and also involved the Court considering the employer's duty of goodecision in Bradbury was given a few days before the Court's IBM Decision and also involved the Court considering the employer's duty of gooDecision and also involved the Court considering the employer's duty of good faith.
In September we told you about how we ended up involved in the appeal of the remedy decision for the first version of the IRP scheme.
Citing Walsh v. Mobil, 2008 ABCA 268 (CanLII) at 43, the Court of Appeal noted its role involved determining whether the reviewing judge's decision (in this case the decision of Topolniski J.C.Q.B.A. with respect to the Chief Commissioner's decision) chose and applied the correct standard of review.
Importance: The Court of Appeal noted support decisions are fact driven, involve considerable discretion, and should not be overturned unless the decisions reveals: 1) an error in principle; 2) a significant misapprehension of the evidence; or 3) unless the award is clearly wrong; Hickey v Hickey, [1999] 2 SCR 518 (SCC) at para. 11.
Boucher v. Wal - Mart Canada Corp., 2014 ONCA 419 (CanLII) was a 2014 decision of the Ontario Court of Appeal which also dealt with punitive damages in an employment case involving harassment and intimidation of an employee.
18 Nevertheless, because most of the appeal decisions on the standard in summary judgment have involved concerns of a lack of procedural fairness rather than a lack of efficiency, this asymmetry could have a conservative influence on the overall approach recommended by the Court of Aappeal decisions on the standard in summary judgment have involved concerns of a lack of procedural fairness rather than a lack of efficiency, this asymmetry could have a conservative influence on the overall approach recommended by the Court of AppealAppeal.
It's no surprise, then, that there's been so much discussion around the Ontario Court of Appeal's decision in Re: Indalex Ltd., a case Hatnay was involved in and spoke about during a session on disputes over underfunded pension plans.
Richard A. Posner, the outspoken justice on the Seventh Circuit of the U.S. Court of Appeals and University of Chicago law professor, has written a short piece for The New Republic, entitled «In Defence of Looseness,» in which he takes the U.S. Supreme Court to task for its decision in District of Columbia v. Heller [PDF], the case involving the second amendment to the U.S. Constitution dealing with arms and militias.
That is the question Lyle Denniston asked Friday at SCOTUSblog, as another round of decisions from the D.C. Circuit Court of Appeals failed to address the cases involving the legal rights of foreign nationals being held at the U.S. military prison camp at Guantanamo Bay, Cuba.
A simple search of published court decisions shows that Wikipedia is frequently cited by judges around the country, involving serious issues and the bizarre — such as a 2005 tax case before the Tennessee Court of Appeals concerning the definition of «beverage» that involved hundreds of thousands of dollars, and, just this week, a case in Federal District Court in Florida that involved the term «booty music» as played during a wet T - shirt contest.
The latest ruling involving TREB and the Competition Bureau was released Friday, with the federal court dismissing an appeal by TREB of a Competition Tribunal decision from 2016.
A recent Ontario Court of Appeal decision is a good one for employers when it comes to drafting employment agreement language, says a lawyer involved in the case.
This appeal involves an adjudication of the Board's decision on two grounds both of which involve the legality of administrative action.
Although this plaintiff will still get an opportunity to prove her claim to a jury, the Court of Appeals decision shows the difficulties posed when one attempts to establish negligence when an intervening act is involved.
The decision involved the appeal of three decisions in Ontario where the rate of compensation set by the courts exceeded the Legal Aid rate in each case because the amici refused the lower Legal Aid rates.
That case was factually similar to the case at bar (involving a challenge to the inaccessibility of VIA's passenger rail cars) and involved an appeal from a decision of the same Agency.
In light of the Court of Appeal decision, additional steps could involve more specifically identifying documents and information over which privilege could reasonably be asserted and materials that are unlikely to be considered privileged (because they were not created or prepared for the dominant purpose of preparing for litigation or receiving legal advice).
«TCC claims 2.1 The following are examples of the types of claim which it may be appropriate to bring as TCC claims --(a) building or other construction disputes, including claims for the enforcement of the decisions of adjudicators under the Housing Grants, Construction and Regeneration Act 1996; (b) engineering disputes; (c) claims by and against engineers, architects, surveyors, accountants and other specialised advisers relating to the services they provide; (d) claims by and against local authorities relating to their statutory duties concerning the development of land or the construction of buildings; (e) claims relating to the design, supply and installation of computers, computer software and related network systems; (f) claims relating to the quality of goods sold or hired, and work done, materials supplied or services rendered; (g) claims between landlord and tenant for breach of a repairing covenant; (h) claims between neighbours, owners and occupiers of land in trespass, nuisance etc; (i) claims relating to the environment (for example, pollution cases); (j) claims arising out of fires; (k) claims involving taking of accounts where these are complicated; and (l) challenges to decisions of arbitrators in construction and engineering disputes including applications for permission to appeal and appeals
It also accords with other decisions of the British Columbia and Ontario Courts of Appeal which have determined that a strata or condominium corporation does not have exclusive jurisdiction to pursue claims involving common elements.
The case involves a decision in which the English Court of Appeal sharply rejected the practice — adopted and developed in the Family Division over 25 years — of treating the assets of... [more]
While the Court of Appeal ultimately upheld the trial judge's decision, it felt that the lawyers involved may have overdone it:
The Supreme Court of Canada has granted leave to appeal in a British Columbia decision involving the right to physician - assisted suicide and euthanasia.
Citing the Supreme Court of Canada's decisions in Kuwait Airways Corp. v. Iraq, 2010 SCC 40 (CanLII) and Re Canada Labour Code, 1992 CanLII 54 (SCC), the Court of Appeal determined the test involves a «full contextual inquiry into the nature and purpose of the regulator's activity».
The appeal court's decision is «significant and important» as one of the first racial profiling findings by the court that doesn't involve law enforcement agents, Pieters told Legal Feeds via e-mail.
A 5 - member panel of the Ontario Court of Appeal released a significant, 150 - paragraph reasoned decision this morning involving conflicts of laws and when Ontario should take jurisdiction over out - of - province defendants — see:
Inquiring GC minds may want to read their wired colleague's perspective on a recent case involving the CEO of Trace Holdings and a decision (and an appeal) about the responsibilities of the company's GC.
Perhaps the cultural shift now required involves in part the confidence on the part of judges to use those tools to full effect in the knowledge that those decisions will get the backing of the appeal courts.
The proposed appeal involves matters of such importance that leave to appeal should be granted,» said Lederer in his Sept. 12 decision.
He has extensive experience of public law, as is demonstrated by the reported cases set out below, and in particular has been involved in challenges to treatment decisions and appeals from the GDC and GMC.
A recent decision by the Michigan Court of Appeals addresses the «Highway Exception» to governmental immunity and how it applies to motorcycle accidents, even when there are no cars involved.
The Large Corporation Rules were enacted to discourage large corporations from engaging in a full reconstruction of their income tax returns for a particular year, after the objection or appeal process has started, based on developing interpretations and the outcome of court decisions in litigation involving other taxpayers.
If the decision stands — I expect the plaintiffs will try to get leave to appeal to the Supreme Court of Canada given the amount involved: more than $ 1.7 million plus interest plus legal fees — it's proof that the courts aren't the answer to all problems.
Second, the judge said, an error was made by the Court of Appeal when ordering that the English Commercial Court should decide the fraud issue as involving an adjournment of the decision on that issue within the terms of s103.
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