Sentences with phrase «appellant as»

«The court described appellant as «manipulative, paranoid, emotionally charged, and reclusive,» as harboring «delusional beliefs,» and as «well on her way to accomplishing total parental alienation between [respondent] and the children.»

The court noted that as a suffix it is «equally reminiscent of the appellant as the respondent.»

Three witnesses (the only witnesses in the case who had identified the appellant as the gunman) claimed that they were in fear for their lives if it became known that they had given evidence against Davis.

In proceedings brought to remove the Appellant as an executor, a consent order was made on April 18, 2013.

The application judge found that the two - member firm partnership had been dissolved and declared the restrictive covenant unenforceable as a penalty, but directed a trial of an issue to determine the damages payable by the appellant as a result of a breach of the portion of the portion of the covenant he found valid and severable — the withdrawal having triggered a clause in the agreement which called for the reduction of the withdrawing partner's capital account «by 500 % of the average fees billed by the firm to clients who transfer to the withdrawing partner within 24 months of the withdrawal date».

The application judge found that the two - member firm partnership had been dissolved and declared the restrictive covenant unenforceable as a penalty, but directed a trial of an issue to determine the damages payable by the appellant as a result of a breach of the portion of the portion of the covenant he found valid and severable — the withdrawal having triggered a clause in the agreement which called for the reduction of the withdrawing partner's capital account «by 500 % of the average fees billed by the firm to clients who transfer to the withdrawing partner within 24... Read More

by appellant as a part of the latter constitutional contention disappears by our holding, as indicated later in this opinion, that the challenged clause of the ordinance and New Hampshire's requirement for following a judicial remedy for the arbitrary refusal are valid.

[31] It follows that operation of the appellant as a fish processor is not a federal undertaking.

Several witnesses identified the appellant as the perpetrator and at least one, Travis Richards, claimed to recognize the appellant as the perpetrator.

The reasonable possibility that the appellant is required to demonstrate must not be entirely speculative, rather must be grounded on reasonably possible uses of the non-disclosed evidence, or reasonably possible avenues of investigation that were closed to the appellant as the result of the default or delay in disclosure: Dixon at para. 34.

28 On the totality of the record, including the position of the defence at the earlier court appearances as now evident from the additional transcripts, there is no reasonable apprehension of bias or prejudice to the appellant as a result of Andre J. presiding at the pre-trial and the sentencing hearing.

Even though the Appeal Court is well aware of the status of S. 140 (2) of the Electoral Act 2010, it, nevertheless, acted to the contrary, given its own observation in its judgment that: «Whether Section 140 (2) of the Electoral Act is extant or not, no advantage can be conferred on the Appellants by declaring the 1st Appellant as a winner on the grounds of his obtaining the second highest votes as elected.»

'' For me, I strongly hold the view that there is no dispute on the relevant / essential facts grating the claims of the appellants which relate to the determination of the action of the 1st respondent in setting up a caretaker committee of the PDP, Anambra State chapter during the pendency of the judgment / order of the Federal High Court, recognizing the appellants as the persons duly elected to that position.

4 The second conspiracy count alleged that D had conspired with other named but unindicted co-conspirators, including the other appellants as well as Rhodes and Dam, during a three - month period ending in late June 2002 «to commit the indictable offence of robbery by conspiring to plan, prepare and execute a series of home invasion style robberies».

Westmin Resources Ltd. acquires the «Ainsworth property» located in West Kootenay Lake region; hires the appellants as caretakers.

The respondent then brought a successful motion pursuant to r. 12.07 for the order that is the subject of this appeal, granting her leave to amend her statement of claim to add the individual appellants as representatives of all the members of Local 773.

Not exact matches

«[A] ssuming that the allegations are true, Appellant not only personally suffered harm, but public safety and order were harmed as well,» she wrote.

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.

Counsel to Wamakko, Mr. S. I. Ameh (SAN), urged the court to discountenance the argument of the appellants and dismiss it as «it is completely devoid of merit».

As it stands, it is clear that the court below premised its decision on this issue on a wrong appreciation of the claim of the appellants before the trial Federal High Court.

In the light of the above, the course aims at adopting a right - based approach to improve the inclusivity and provide comprehensive access to justice for PWDs, either as direct or indirect participants and whether as victims of crime, suspects, witnesses, plaintiffs, defendants, appellants, remand prisoners and / or prison inmates.

The appellants led by Biyi Poroye are the state executives of the Sheriff faction of the party in the various states in the South - West zone, are backing Jimoh Ibrahim, who was only removed and replaced with Jegede as the party's governorship candidate in Ondo State by the judgment delivered by the Court of Appeal, Abuja on Wednesday.

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.

Giving the «particulars» of the said error, the lawyer argued, «The powers given to the first appellant (the IGP) under the Constitution of the Federal Republic of Nigeria 1999 (as amended) and the Nigeria Police Act, Laws of the Federation 2004, sufficiently make the «Special Joint Investigation Panel» lawful and supportable under the Nigerian criminal justice system.

Appellants correctly state that, viewed «in the foreign currency in which it was transacted,» the purchase generated a 110,227 pound gain as of the date of the sale, which translates to approximately $ 200,000 at the $ 1.82 per pound exchange rate.

And since appellants concede that the purchase and sale of their residence was not carried out by a QBU, the district court properly rejected their plea to treat the pound as their functional currency.

Ordinarily, the academic dean and one of the students shall come from the same school as the appellant.

Brief for Law Professors as Amici Curiae Supporting Plaintiffs - Appellants, Alec L. v. Gina McCarthy, No. 13 - 5192 (D.C. Cir.

It found that the Appellant had not identified any basis upon which it could be said that the judge misapprehended the evidence, and accepted as reasonable the chambers judge's conclusion that the absence of recent occurrences of disruptive behaviour was due to the injunction itself.

BACKGROUND: On January 9, 2009, the Respondent Attorney General of British Columbia filed a statement of claim seeking an interlocutory and permanent injunction, as well as a vexatious litigant order under s. 18 of the Supreme Court Act, in relation to the Appellant, Michael Andrews.

[26] I should like to add that Chorlton v. Lings (1868), L.R. 4 C.P. 374, is not to be taken as an authority supporting the appellant's contention that the word «expressly» used in a statute should generally be construed as meaning «what is properly or necessarily implied by language».

Khaled, however, objected to the introduction of the photographs and declaration as «inadmissible hearsay, and violative of appellant's confrontation rights.»

He found that the Respondent had not adopted and used the Appellant's mark in contravention of the Trade - marks Act, concluding that no one ever communicated any confusion or mistake as to whether the website belonged to the Appellant.

BACKGROUND: The Appellant, the Insurance Corporation of British Columbia, has adopted the acronym «ICBC» as one of its official marks.

replete with such language: it disdains the district court's «abrupt handling» of Appellant's first case; sarcastically refers to Appellant's previous counsel's «new - found appreciation for defendant's mental abilities;» criticizes the district court's «oblique language» on an issue unrelated to this appeal; states that the district court opinion in Jones «revealed a crabby and complaining reaction to Project Exile;» insinuates that the district court's concerns «require -LSB--RSB- a belief in the absurd that is similar in kind to embracing paranormal conspiracy theories;» and accuses Appellant of being a «charlatan» and «exploit [ing] his identity as an African - American.»

There was ample evidence to support his conclusion, in applying the objective test, that the appellant, as a reasonable patient in his position, would have chosen the medical procedure which had such unfortunate consequences.

On the basis of the facts as stated above, it was clear that the officer had complied with some but not all of these information requirements before searching the appellant.

The Appellant went on to argue that its rights to the mark could not be circumvented by adding a non-distinctive word such as «advice» after its official mark, as the consumer would likely be led to believe the Appellant itself was offering advice on its business and services.

However, the recorder took the view that when considering whether or not s 2 (3) had been complied with, it was necessary to have regard to the circumstances as a whole and ask whether, in the light of those circumstances, as much information as should reasonably be conveyed to the appellant had been conveyed.

The tribunal also held that the subsequent changes did not give rise to such unfairness as to permit the tribunal to disapply them because the appellants» interest in being treated fairly was outweighed by the public interest.

It was in respect of her containment that the appellant brought an action against the Commissioner for damages at common law for false imprisonment and under s 7 of the Human Rights Act 1998 (HRA 1998) in respect of her right to liberty as guaranteed by Art 5 of the Convention.

This point was clearly made in the evidence of Deputy Chief Federico and Dr. Miller, as well as the evidence of the appellant's partner, Constable Fleckeisen.

[33] The appellant also argued that even if damages were recoverable for the respondent's diminished ability to care for her husband, as not too remote, as they were in Lynn, they would be recoverable under the heading of non-pecuniary damages and not as damages for loss of future care.

Gary Smith («the Respondent») had been working for Pimlico Plumbers Limited, a company owned by Charlie Mullins (together «the Appellants») as a plumber since August 2005.

Shortly before the deceased died, the wife of the deceased (called as one of the witnesses) claimed that her deceased husband had informed her on his sick bed that it was the Appellant who attacked him with acid.

In Wilson v State of Indiana,45A03 -1707-PC-1466 (2018) Correctly overrules the post conviction court for a faulty finding that the first appellant counsel was adequate as well.

The appellants were a number of related entities (collectively referred to as «Boardwalk») that own more than 10,000 rental units in Edmonton.

This gives rise to similar considerations as the court expressed in F. (V.J.) when the appellant chose to place the family home in his wife's name as protection against creditors.

The appellants were a number of related entities (collectively referred to as «Boardwalk») that own more than 10,000 rental units in

The Appellant merged his off with Real Estate Lawyers.ca LLP («REL») as he was approaching retirement.