Sentences with phrase «appellant received»

Based on the date of termination and the package that the appellant received from Samsung, the proof of claim was provided some 10 days after the required 90 - day contractual period.

The appellant received $ 423,510.47 in trust representing the respondent's share of the proceeds of sale from the matrimonial home plus the costs award.

2015), dismissed an appeal as untimely because it determined that the notice requirement to set the deadline to appeal began when the appellant received email notice that the order had been filed.

The district court further concluded that because a $ 2.1 million lump sum payment that appellant received in July 1999 «represented» two years of salary, it qualified as cash compensation for 1999, 2000, and 2001.

The trial judge awarded damages for wrongful dismissal of 15 months» pay in lieu of notice, net of Workplace Safety and Insurance Board [«WSIB»] benefits the appellant received during that period, and $ 10,000 in damages for breach of the Code.

A miscarriage of justice occurs if the ineffective representation either: a. Sufficiently undermines the reliability of the verdict · the reliability of a verdict is sufficiently undermined if the appeal court concludes that there is a reasonable probability that the verdict would have been different had the appellant received adequate legal representation.

Approximately one month after the discontinuance, the Appellants receive Notices of Reassessment stating the money CRA had originally assessed as taxable income was now reassessed as non-taxable.

The Appellant receives $ 423,510.47 in trust.

Consent to the filing of timely amicus curiae briefs in support of either party or neither party from counsel for the appellants received.

The respondent is able to pay monthly support and if the appellant receives some monthly support from the respondent, both parties would be able to have a lifestyle similar to the pre-separation standard.

Nonetheless, the Court of Appeal did not appoint counsel for him, because the case was not complex, the Court could make a determination and the Crown had a duty to «assist the Court in ensuring that the appellant receives a fair trial» (para. 28).

One month after discontinuance, the appellants received Notices of Reassessment from the MNR which reassessed the money that was the subject of the investigation as now non-taxable.

Not exact matches

Appellants agree that the 453,374 pounds received for their residence should be translated into U.S. dollars at the $ 1.82 exchange rate prevailing at the date of sale.

In response, the Appellant commences legal action requesting a declaration the option is void for uncertainty (it does not indicate whether the Respondent is to assume the mortgages or receive the property free and clear of encumbrances).

The Appellants argued that the bylaws were passed in bad faith because they targeted the HDI specifically, and the Appellants had not received notice of the bylaws.

Third does the imposition of the mandatory minimum sentence for second degree murder constitute «cruel and unusual punishment» in this case, so that Mr. Latimer («the appellant») should receive a constitutional exemption from the minimum sentence?»

The Supreme Court unanimously held that in so far as the appellant has determined a reasonable fee, including enforcement costs, it is entitled to be paid or repaid it now by the respondents (according to the pro rata sums actually received by each respondent).

We turn next to Appellants» assertion that the PROTECT Act's provision authorizing fast - track programs violates their due process and equal protection rights because similarly situated individuals in districts with fast - track programs could receive lower sentences.

To succeed at this third step, the appellant must establish either that there is a) a reasonable probability that the verdict would have been different had he received effective legal representation [FN2], or b) that his counsel's conduct deprived him of a fair trial.

The trial judge concluded unjust enrichment, used the value received and value survived methods to award damages of about 1/4 of the appellants» net estate ($ 190,000), and set aside the trust agreement as a fraudulent conveyance.

The conduct of the police, and specifically Constable Greenwood, ensured that he would not receive that advice until after the police were done with the appellant and had the evidence they needed to convict him.»

During the course of their investigation, police also receive the specific address of the appellant from a condominium building manager.

However, even though the appellant father had not been named as a party or received notice of the application in this case, the SCJ judge's declaratory order was upheld.

The appeals court also rejected appellants» argument that the service returns were defeated by their counter-affidavits in which they denied receiving the summons and complaint.

After the Trial Judge reminds the Appellants of their onus to prove monies received were not taxable, the Appellants approach the Respondents and agree to discontinuance of the action on consent.

The judge found that when the appellant learned of the deputy judge's relationship with the paralegal firm and the paralegal, «he could not but think that he did not receive a fair trial and that the judge was biased».

The Court found that it was not, as no consideration flowed from the Respondent to the Appellant, but found that the Appellant waived her right to receive $ 800 payments between January 2001 and March 2014.

On receiving the information request from the appellant's competitor, Health Canada identified 30 out of 550 NDS pages and 60 of 300 SNDS pages that could not be disclosed under s. 20 (1) of the Act,

The appellant framed it as unethical conduct by the deputy judge «by personally soliciting and receiving charitable donations from the paralegal representing the Respondent and in failing to disclose this fact to the Appellant prior to the commencement of the triaappellant framed it as unethical conduct by the deputy judge «by personally soliciting and receiving charitable donations from the paralegal representing the Respondent and in failing to disclose this fact to the Appellant prior to the commencement of the triaAppellant prior to the commencement of the trial».

[11] The appellant testified that he had carefully read the Document twice the day he received it and had concluded that he had just won US$ 833,337.

8.11.4 The Comptroller must, within 14 days of receiving notice of the respondents» decision, serve on the appellant and file a notice stating whether or not he intends to file an acknowledgement

By virtue of s. 24 (6) of the RSLA, once Intact gave the initial certificate to the appellant, the appellant was obliged, within three days of receiving the initial certificate, to release the article described therein to Intact unless, within that period, it filed a notice of objection with the court.

2015), dismissed an appeal due to untimely service of the notice of appeal where appellant had received written notice of the entry of the order via email, -LSB-...]

You must either agree with the appellant's list or send the appellant back a revised list by serving the appellant with a revised list within ten days after you received the appellant's list.

You must serve and file a written argument within 30 days after receiving the appeal book and the appellant's factum or written argument unless the appeal is an expedited appeal in which case your time period for serving and filing a written argument is shortened to 15 days.

The Appellant, Iain Palmer, received property in Roberts Creek from the parents, and he granted an interest - free mortgage for $ 500,000 back to them, payable on the death of the last parent.

The Appellant also received an interest - free loan of $ 100,000 from the parents, payable when he sold his home.

In such a case — even where the record may otherwise be capable of supporting a conviction, had the evidence been properly assessed and the complainant believed — the appellant has not received a fair trial and has thus been the victim of a miscarriage of justice.

[27] In this case, the parties have put in play a scenario that, to date, has received little judicial consideration: an allegedly defamatory statement made in the course of a robust and free - wheeling exchange of political views in the internet blogging world where, the appellant concedes, arguments «can be at times caustic, strident or even vulgar and insulting.»

The Keefes disputed the location of the fence and received an opinion from the Appellant, Warren Barnard, to the effect that the fence was 12 feet inside the Keefe property.

[49] In the present case, I conclude that the motion judge erred in holding that the appellant knew or ought to have known that its proceeding was appropriate as early as April 2010, when it received the CRA's Notices of Assessment disallowing its tax credits.

The appellant had brought a motion, unsuccessfully, to put introduce fresh evidence in the form of two detailed psychiatric reports before the appeal judge, but they were not received.

The mental health issues, from which the appellant was suffering at the time that the settlement funds were received, were significant and they could have affected both his thinking and his actions.

The motion judge made no error, much less a palpable and overriding error, in concluding that Apotex would have received a NOC for Apo - lansoprazole on April 17, 2007, if the s. 6 proceedings had not been commenced by the appellants.

The appellant claimed it did not receive the emailed order, which is why it failed timely to file an appeal.

The appellant submits that the trial judge erred in finding that the respondent received no consideration for the mortgage and that the purpose of the mortgage was to pay off the existing second mortgage.

The trial judge dismissed the appellant's action, finding that the respondent received no consideration for the mortgage and that the purpose of the mortgage was to pay off the existing second mortgage and not to secure the loans made to the respondent's spouse.

The appellants were denied leave to introduce as fresh evidence on the appeal an affidavit from Ms. Seliverstova providing additional bank records in support of her argument that the funds she received had come from her mother in Russia and not Mr. Purcaru.

On November 5, he began work at Canadian Tire, but when the security check report came back one month later disclosing the criminal record, Canadian Tire received a copy and, as a result, asked the appellant to replace the respondent.

The Registrar received his evidence as to his psychiatric condition, but refused to grant an absolute discharge to the appellant.