Sentences with phrase «as against the appellant»

The non-solicit was found to be reasonable and thus enforceable as against the appellant.

Not exact matches

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.

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.

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 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.

As sentencing is a matter for the judge in English law, giving the sentence of Imprisonment for Public Protection (IPP) rather than an Extended Sentence for Public Protection (EPP) was lawful, and did not offend against the principle of «lex mitior» as the maximum sentence for the appellant's crime was the same under either IPP or EPAs sentencing is a matter for the judge in English law, giving the sentence of Imprisonment for Public Protection (IPP) rather than an Extended Sentence for Public Protection (EPP) was lawful, and did not offend against the principle of «lex mitior» as the maximum sentence for the appellant's crime was the same under either IPP or EPas the maximum sentence for the appellant's crime was the same under either IPP or EPP.

The Supreme Court, in dismissing the appellant's appeal against a finding that the local authority's housing duty to her had been discharged, held that the reviewing officer had been entitled to find that there was no medical evidence that a property of its type would have the consequence that the appellant's mental health would be so affected by it as to make it reasonable for her to refuse to accept it in all the circumstances of the case.

Here, while both appellant and respondents are innoncent of any wrongdoing as against any persons, it was the carelessness of the respondents which resulted in the wrongdoing being able to inflict the loss.

«The appellant maintains that, by its nature, a tax on criminal defence legal fees will, at some level, be prohibitive or at the very least act as an impediment to or will interfere with the right to counsel since the additional cost of the tax to an accused will interfere with the financial resources available to mount a defence to the charges brought against him or her,» wrote Tax Court of Canada Justice Brent Paris, summing up the firm's case.

The Appellant, the British Columbia Teachers» Federation, filed a grievance on behalf of its membership as a whole against the Surrey School Board.

Similarly, in Erdmann v Complaints Inquiry Committee, 2016 ABCA 145 (CanLII), Justices Jack Watson, Bruce McDonald and Frederica Schutz dismissed an appeal of a professional disciplinary body's decision against the appellant, where she had been found guilty of three counts of unprofessional conduct as a chartered accountant and ordered to pay fines and costs.

Jay J summarised that argument at [29] as follows: «For the purposes of the discrimination claims in the Employment Tribunal and the County Court — and here the focus must be on the claims against the NMC — it was necessary for the appellant to state that she had been struck off since that would found her claim for damages and moreover the longer that she was struck off the greater would be the damages.

Thus the Supreme Court held that the policy of «deport first; appeal later» is a violation of human rights as an appeal against a deportation order by reference to a claim in respect of private and family life under ECHR, art 8 should be effective, and this means there must be an opportunity for appellants to give live evidence to assist the tribunal.

While a frisk search is a minimally intrusive search, as noted by this Court in Cloutier, supra, at p. 185, the search of the appellant's inner pocket must be weighed against the absence of any reasonable basis for justification.

A Motion Judge grants summary judgment dismissing the Appellant's action as against the Respondents (County of Simcoe Paramedic Services, Paramedic J. Doe, nine doctors, and Barrie Medical Clinics Inc.).

She subsequently obtained a consent order adding the individual appellants, all directors of Local 773, as defendants, and amended the statement of claim to plead that that the individual respondents were jointly and severally liable for her claim as against Local 773.

Secondly, the Registrar had no jurisdiction to grant judgment against the individual appellants on the claim against them for breach of trust and conversion, as this was also not for «a debt or liquidated demand in money.»

Due to the regulatory scheme and the Visitors of the Inns of Court's jurisdiction, as applicable to the disciplinary proceedings against the Appellant, the Supreme Court concluded that the Respondent's part in the proceedings before the Disciplinary Tribunal and those before the Visitors should be regarded as part of a single continuing act.

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.

On day one, we heard from counsel for TWU twice; once as appellants against the Law Society of Ontario (formerly LSUC) and once as respondents to the Law Society of British Columbia.

The conduct alleged against the appellant, a «combination... or conspiracy by traders in restraint of trade», with the added ingredient (s) of an intention financially to prejudice the conspirators» customers, was capable of being regarded by ordinary people as dishonest.

Notable mandates: Counsel for the successful appellant at the Supreme Court of Canada in Housen v. Nikolaisen; counsel for Potash Corp. in matters relating to the expansion of its Rocanville mine; ongoing work in the restructuring of the pork industry, including CCAA proceedings and receiverships; acted for Northland Power in the development and construction of two gas - powered generating plants; represented Great Western Diamonds in its recent acquisition of the Brazilian operations of Santa Elina Mines; appointed as counsel by the Saskatchewan Court of Appeal to argue on a reference against the constitutionality of proposed legislation permitting marriage commissioners to refuse to perform same sex marriages.

The trial judge found that the appellant was motivated by express malice against Dr. Elmasry, and that he viewed the respondent and Dr. Elmasry «for all intents and purposes, as one and the same.»

As a result, it was open to the appellant to await the outcome of the criminal proceedings against him before finally deciding whether to bring his action, regardless of when he first formed the intention to sue.

In their notices of motion, the appellants stated that the motions were for «[s] ummary judgment dismissing this action as against the defendant physicians [and as against the Crown] on the basis there is no genuine issue requiring a trial as the action against them [and the Crown] is statute - barred» or, in the alternative, is «barred by the doctrine of laches».

The respondent's spouse, who had been borrowing large sums of money from the appellant, signed a promissory note agreeing to register a mortgage against the property in the appellant's favour as security for the loans.