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 goo
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 goo
Decision 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 A
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 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.