Sentences with phrase «application judge found»

The application judge found that the frequent lockdowns subjected the applicants to cruel and unusual treatment contrary to s. 12 of the Charter.

The application judge found that «by her own admission, Sheila had virtually no involvement in the administration of the estate.»

The application judge found that the potential for domination and undue influence was completely rebutted based on the factual findings.

The application judge found that Intact had «assumed liability» under the contract of insurance and was then subrogated to the rights of its insured under s. 278 of the Insurance Act, R.S.O. 1990, c. I. 8.

The application judge found «not one scintilla of evidence» that the parties intended to mutually treat the tenancy as a tenancy in common.

The Application Judge found the appellants are incorrect — the legal address of the property (as distinct from its «convenience address») had been zoned to permit restaurants.

In contrast, the application judge found there was insufficient evidence that Mr. Noel contributed positively to the relationship: «Mr. Noel was more of a hindrance than a help.»

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

The application judge found that the husband and his father had acted in concert to frustrate the wife's equalization claim and ruled in the wife's favour.

The application judge found that the limiting of entitlements based on the base salary as defined excluded the employee's commission and therefore, violated the ESA.

The Ontario application judge found that the warrant for Marakah's home had been invalid and that the text messages recovered from his own Blackberry could not be used against him.

The application judge found that Mr. Groia made uncivil attacks on the prosecutors»;

The Application Judge finds no collateral contract; concludes the Appellant breached the lease agreement.

Not exact matches

In its exhortations to kings and judges, the messianic Psalm 2 draws a specifically political message from the enthronement of the Son, an application found as well in John's vision of Christ as the King of kings and Lord of lords (Revelation 19:15 — 16).

Writer Liz Marshall interviews Human Genome Sciences CEO William Haseltine and other competition judges to find out what they look for in an application.

Wake Superior Court Judge Abraham Jones issued a ruling Friday that found the State Board of Education, the state entity that sets policy for the North Carolina's public schools, had been legally entitled to ignore an application from a virtual charter school seeking North Carolina taxpayer funds to teach students from their home computers.

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While Judge Voss did not elaborate on the infringement finding and on the reasons for which his court ordered a stay, I remember from the trial that the key prior art reference cited by Apple was a version of the UMTS specifications that predated the filing of Samsung's patent application.

First, the Court found that the application judge had the requisite jurisdiction to make the order and declaration the appellant was required to transfer full ownership to the respondent.

With respect to issue number two, that the application judge erred in finding that an insurer was obligated to pay all expenses outlined in the Form 1, the Court agreed that with previous FSCO decisions that held that an insurer is permitted to request information to verify that an economic loss had been sustained by a family member providing care or other information or that the services provided were reasonable and necessary and found that the application judge did not rule in the contrary.

While Hourigan J.A. agreed with the result and general conclusions of the application judge below, he found the following errors in the analysis:

Acted for the Te» mexw Treaty Association intervening at the Supreme Court of Canada with respect to whether the trial judge erred in finding Aboriginal title was established, whether the Crown breached its duty to consult and accommodation, and whether provincial laws of general application apply to Aboriginal title land.

The Court rejected that the motion judge erred in applying the traditional evidentiary burden and found that her application of this principle was not unreasonable and within her discretionary powers.

The manufacturer of a generic version successfully challenged the patent's validity after a Federal Court judge used the promise doctrine in finding the patent holder had over-promised in its application.

«On the facts as found by the application judge, each of the provisions criminalizes conduct that would mitigate, to some degree, the risk posed to prostitutes.

The trial judge dismissed their application, finding that the bylaws were in compliance with the open meeting requirement in s. 239 of the Municipal Act, 2001, did not violate s. 91 (24) of the Constitution Act or s. 2 (b) or s. 15 of the Charter of Rights and Freedoms, and were not passed in bad faith.

There was ample material to justify a departure from the general rule having regard to the judge's well - founded criticisms of the respondent but not to the extent of requiring it to pay the applicant's costs, including the costs of preparation of the application.

It found that the application judge provided ample basis for concluding that the pre-charge delay amounted to an abuse of process, and that while the judge did not use the three - step approach mandated by R. v. Babos, he applied the necessary elements of that test.

The Court of Appeal upheld the application judge's decision, which found Cheung's expectation that the restaurant should be able to use all the common parking spaces was unreasonable.

The Judge in the Court of First Instance dismissed the Defendants» application and found in favour of the Bank.

«The application judge [in North] found the motion judge's reasons in Oudin to be analogous.

In considering the application of the Guidelines to the facts of this case, the court concluded that it was open to the motions judge to find, as she did, that the husband's spousal support obligation should terminate effective March 31, 2018.

However, the EAT found that the ET judge had «failed to consider whether, in the context of the FPS, the application of the transitional provisions and the differential treatment on the grounds of age was a proportionate means for achieving what she had concluded... were legitimate aims of social policy».

On the sealing order issue, the Court found that the application judge erred in allowing the Crown to redact paragraphs that disclose future investigative steps.

Although the Court of Appeal did not find that Judge Lenehan had erred in law by stating that «a drunk can consent», his application of the legal test for a person's capacity to consent to sexual activity was a legal error.

Therefore, the application judge concluded that Mr. Bowes had mitigated his losses by finding other employment and was not entitled to the full 6 - month payment as set out by the contract.

The Quebec Superior Court, per Gagnon, J. (application judge), found that the first police force's officers had promised to keep B's identity confidential in exchange for the information he...

The judge found that had Mr Harris given appropriate advice to Cs they would have instructed Mr Harris to seek to insert a «call - in» clause in the draft contract, no matter how minimal the risk of a third party application for judicial review would be, as there would have been no reason for Cs not to seek to protect themselves against such risk.

The motion judge instead relied on Morguard Investments Ltd. v. De Savoye and Beals v. Saldanha, and their application in Van Breda, to find that a real and substantial connection is not needed.

In contrast with the application judge, Rouleau J.A. found that Brown could not be used to legitimize police conduct in the present case.

(10) BTA Bank v. Ablyazov (CA)[2013] 1 WLR 1854 A judge had not erred in refusing to recuse himself as the trial judge following his finding of contempt against a defendant, as there was no real possibility of bias and the right to make an application had been waived.

A criminal conviction involves both a finding of fact and the application of the law, and a judge (unless this is a bench trial) doesn't find facts, he makes judgements of law.

This includes the judge's finding of fact in such proceedings without application to the court.

The application judge removed the Appellant from his office as mayor of the City of Toronto, finding that he had violated the Municipal Conflict of Interest

An Ontario Superior Court judge dismissed an application last month by the local humane societies that were seeking to regain voting rights and their power to investigate animal cruelty, finding in favour of the OSPCA.

Of more interest to data protection specialists, the Judge ruled that if he had found a breach of the DPA 1998, he would not have refused relief on the grounds that the C could have brought an ordinary Part 7 claim for breach of the Act, rather than an application for judicial review.

That application was dismissed because the chambers judge found that the case was not suitable for determination by summary trial given the credibility issues.

The Court of Appeal rejected the appellant's argument and held that the application judge could properly find that the arbitral award met... Read More

For the Court of Appeal, the Application Judge's finding — on a balance of probabilities — that Mr. Bourgeois was acting as a cash courier was based on factors beyond the mere discovery of the money.