Sentences with phrase «appellant exercised»

In all of the circumstances, the plaintiff / appellant exercised appropriate diligence in discovering the contamination claim.

«The learned trial judge did not find that the first appellant exercised his powers for unlawful purpose or in bad faith but bona fide.

Not exact matches

The COA also felt that the degree of control exercised by the Appellants over the Respondent was inconsistent with the relationship between a self - employed contractor and his «client».

Wrong in law is one thing and will mean an appeal should generally be allowed; whereas wrong in the exercise of discretion is a much narrower gate for the appellant to pass through.

The appellant was first charged with acts intended to intimidate a person but, after hearing the evidence, the District Court Judge exercised his power to amend the charge to one of disorderly behaviour under s 4 (1)(a) of the Summary Offences Act 1981.

HELD For the jury to use the extraneous material provided after their retirement (i.e. the sample of further cheques) in order to compare handwriting so as to decide whether the appellant had written out the cheques in question necessarily meant using that extraneous material as evidence in an exercise that would enable the jury to reach their own conclusion in relation to the appellant's evidence to the contrary.

The chancellor found that appellee's interest in Wal - Mart stock options that could not yet be exercised were not marital property but compensated appellant with an award of alimony.

The Appellant therefore applied to the Supreme Court to appeal the decision made in respect of B's habitual residence and sought consideration as to whether the circumstances of the case were «dire and exceptional», so as to allow the Court's inherent jurisdiction to be exercised.

The district court gave thoughtful attention to factors recognized in § 3553 (a) and exercised sound discretion to ensure that the punishment fit the crime and the circumstances of the appellants.

In this situation, where the appellant could have sought effective remedies under the Collective Agreement, there is no need for the exercise of that residual jurisdiction.

The Court of Appeal dismissed the appellant's appeal as she did not ask the Deputy Master in the court below to exercise his discretion to extend time, and he was not at fault in failing to consider whether to extend time on his own initiative.

Constable Greenwood was not engaged in any lawful exercise of his duty when he confined the appellant in Constable McDonnell's cruiser.

The appellants do not contest the benefit of exercising in the community centre, but argue that the failure to consider any contingencies results in over-compensation.

In exercising her authority under the subsection, the Minister must act reasonably, but she is nevertheless afforded a large degree of discretion in determining how the appellant could be placed in the position she would have been had the error not been committed.

It is not such within the definition in the Canada Labour Code, and the power of Parliament to regulate trade and commerce, having been exercised in this case in the form of the Fish Inspection Act, does not make the appellant a federal undertaking for the purpose of that Act.

The Court concedes, as indeed it must under our decisions, see Royall v. Virginia, 116 U. S. 572; Thomas v. Collins, 323 U. S. 516, that if denial of the right to speak had been contained in a statute, appellant would have been entitled to flout the law, to exercise his constitutional right to free speech, to make the address on July 2, 1950, and when arrested and tried for violating the statute, to defend on the ground that the law was unconstitutional.

Was the appellants» «real motive» (i.e. their collateral purpose of obtaining information in support of proceedings in the Bahamas) for making the SAR a reason to refuse to exercise the court's discretion to order compliance with the SAR.

This was a case dealing with aboriginal rights in which the appellant argued that he was exercising an existing aboriginal right to fish for subsistence and ceremonial purposes.

First incident: as part of a training exercise involving a large dog displaying food aggression towards other animals, the Appellant puts dog food on the floor and then applies an activated cattle prod whenever aggression is displayed.

51 and 53 of the Health of Animals Act, S.C. 1990, c. 21, the Minister exercises its discretion to provide compensation to the Appellant.

The report summarizes much of what has already been stated above and the findings of the Commission are surprisingly consistent with those made 50 years earlier by the Clement Report in Alberta, including a recommendation that there should generally be no requirement for a prospective appellant to obtain leave from the court to exercise a right of appeal except in cases where there is a genuine concern for frivolous appeals.

No further payments had been made when on 30 March 2012 the Appellant purported to exercise its right under the licence agreement and locked the Respondent out of the Premises and shortly afterwards gave notice to terminate the agreement.

Rather, the Commission's decision was an exercise of its discretion under section 27 of the Act to consider whether the Appellants were suitable candidates for re-registration, over which the Commission has sole jurisdiction (as the MFDA has not been delegated this authority).

Specifically, there is no reason to question the exercise of the trial judge's discretion not to admit the proposed evidence about which the appellant complains.

The central issues in the case are whether the respondents, by mailing a document entitled «Official Sweepstakes Notification» (the «Document») to the appellant, engaged in a practice prohibited by the Consumer Protection Act, R.S.Q., c. P ‑ 40.1 («C.P.A.»), and, if so, whether the appellant is entitled to punitive and compensatory damages under s. 272 C.P.A. To decide these issues, the Court must, inter alia, define the characteristics that are relevant to the determination of whether a commercial representation is false or misleading, as well as the conditions for exercising the recourses in damages provided for in s. 272 C.P.A.

The House of Lords considered the question of whether a care home, in providing care and accommodation to the elderly appellant, YL, who suffered from alzheimer's disease, was exercising a public function for the purposes of s 6 (3) of the Human Rights Act 1998 (HRA 1998).

78 For these reasons, I have no difficulty in holding on the facts agreed upon for the purpose of this appeal, that the counts of fraud with which the appellant is charged may properly be prosecuted in Canada, and I see nothing in the requirements of international comity that would dictate that this country refrain from exercising its jurisdiction.

In the court's view, where, as here: (1) the Director under the OBCA issues a certificate pursuant to a rectification order; (2) the appellant could reasonably have sought a stay of the rectification order pending appeal; (3) the court is not satisfied that no third party acted, directly or indirectly, in reliance on the certificate issued pursuant to the rectification order and would not be prejudiced by its revocation; and (4) there are no special circumstances which justify exercising the power to cancel the certificate, thereby undermining certainty in a court - approved corporate fundamental change, the principle in Norcan requires the court to decline to exercise its authority to order the revocation of that certificate or otherwise unwind the court - approved corporate fundamental change.

Further, even if the appellant's contention was technically correct, r. 49.13 permits a court to consider any offer to settle made in writing in exercising its discretion with respect to costs.

The appellant must show not only that there is a deficiency in the reasons, but that this deficiency has occasioned prejudice to the exercise of his or her legal right to an appeal in a criminal case.

Looking at the High Court judgment as a whole, I have come to the conclusion that the great weight which it attached to the reprehensible conduct of the appellants in destroying documents led it to adopt an erroneous approach to the balancing exercise.

He added at para. 42 that the appellant was «mistaken in thinking that it had an unfettered right to terminate Mr. Mohamed's contract» because the case law supported the respondent's understanding that «there was some element of good faith or trust in the exercise of the provision».

Because the respondent disclosed his criminal record to the appellant right at the beginning, before signing the ICA and before commencing the project with Canadian Tire, and complied with all the requirements of the security check, the appellant's reliance on the criminal record to terminate the contract one month later was not a good faith exercise of its rights under the termination clause of the ICA.

R. v. Sheppard applies in at least some areas of private law, includes claims for damages in tort and contract: see Cojocaru v. British Columbia Women's Hospital and Health Centre, [2013] 2 SCR 357, 2013 SCC 30; Hill v. Hamilton - Wentworth Regional Police Services Board, [2007] 3 SCR 129, 2007 SCC 41 at paras. 100 - 101; and, at the provincial appellate level, including: Bunan v. Toronto - Dominion Bank, 2015 ONCA 226 at para. 20 -LRB-»... the test on appeal is whether any deficiency in the reasons has occasioned prejudice to the exercise of [the appellant's] legal right to an appeal» [internal quotations marks omitted]-RRB-; Maple Ridge Community Management Ltd. v. Peel Condominium Corporation No. 231, 2015 ONCA 520

It is not that the dispossession and failure to exercise rights has, ipso facto, caused the appellants to have lost their traditional native title, but rather that these things have led to the interruption in their possession of traditional rights and observance of traditional customs.