Sentences with phrase «by appellants»

This sale of the property was also not completed, at least in part because the $ 40,000 was never paid by the appellants.

The trial judge did not err in finding that a statutory declaration relied upon by the appellants reflected a mutual mistake of all parties at the time that the chain link fence was the boundary.

Indeed, the notices of motion, originally prepared prior to the December direction, were re-served and relied upon by the appellants for the purposes of the motions heard by the motion judge.

The application of the limitation periods and the laches doctrine advanced by the appellants requires a characterization of the conduct of the appellants and the relationship between the parties.

Reasons: The trial judge carefully detailed the evidence of all parties and the claims made by the appellants.

The evidence of maintenance and other measures taken by the appellants to make the premises safe consisted of a time sheet showing that a single maintenance person had been on duty both as a cleaner and porter in the 118,348 square foot store on the day in question, without any indication of what, if anything, had taken place in the area where the accident occurred.

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.

Generally, the various defences advanced by the appellants were untenable and contrary to the evidentiary record.

The respondents, Lloyd's Underwriters («Lloyd's») and Totten Insurance Group Inc. («Totten»), had issued a policy of insurance to the respondents, JM and LM, the mortgagees of a property owned by the appellants, the mortgagors.

The second point of collision was the attempt by the appellants, Vice Media, to gain access to the information the police had relied on to obtain the production order.

ATCO Gas and Pipelines Ltd. et al. v. Alberta Utilities Commission 2014 ABCA 397 Administrative Law Summary: These appeals related to decisions made by the Alberta Utilities Commission in two separate proceedings about legal and consulting costs claimed by the appellants (ATCO Utilities).

[68] Again, the trial judge considered every aspect of the content of the standard of care put forward by the appellants, based on the evidence adduced by the parties.

The respondents» counter argument (dubbed a «reductionist fallacy» by the appellants) was that nought, plus nought, plus nought, still equalled nought.

He was entitled to find, as he did, that the respondents» conduct did not fall below the standards identified by the appellants.

The Court also dismissed an application by the Appellants to strike the claim as an abuse of process, on the ground that the negligence claim should have been brought in the original trespass proceeding.

The court held that the trial judge's direction to the jury was consistent with the ultimate submission made by appellants» trial counsel — there was no evidence the brakes played any role in the collision with Christopher.

The trial judge accurately described the risks assumed by appellants» counsel in proceeding with the trial in the face of an unresolved coverage issue.

The March 31 2015 letter also gave written notice that Nadeau was the «Assignee of a promissory note given by the appellants».

No actual prejudice has been demonstrated by the appellants and in this case none can be assumed merely from the length of the adjournment.

While the order was interlocutory as between the parties to that litigation, because it did not finally dispose of any issue between them, the current jurisprudence indicates that it was final as between the respondent and the appellants, for the purpose of an appeal of the order by the appellants.

There is no basis for concluding that this provision of the Code of Civil Procedure is inconsistent with the provisions and principles relied on by the appellants.

Although Counsel for Boliden eventually prepares draft contracts for the purchase and sale of properties occupied by the appellants («if certain conditions were met»), the agreements are never executed.

In any event, the Judge saw no reason to disbelieve the evidence of the Appellants» third party contractor that he did carry out the rectification works and was paid S$ 150,000 by the Appellants.

Thus, the DJ ignored the expert evidence adduced by the Appellants stating that various aspects of the Respondent's work were defective.

The Court also made explicit reference to the «prolix» and confusing style employed by the Appellants in both their pleadings and submissions.

If true, the allegations made by Appellants against DSS would threaten to put that dangerous shield between the people and its government.

With respect to the second issue, whether the Trial Judge erred in «misapprehending the evidence», the Court of Appeal affirmed the Trial Judge's finding there was simply no evidence beyond «mere conjecture» that an early warning would have prevented the loss suffered by the Appellants; their physical and psychological injuries (see at para. 30).

In Gutowski, a municipal councilor brought an action in defamation against the appellants, fellow municipal councilors in the County of Frontenac, which stemmed from statements made by the appellants in a regular council meeting.

The late change of stance by the appellants also made it necessary for the parties to reconsider whether all the necessary documentation was in the appeal bundles, as the parties had been commendably selective in including passages from witness statements and transcripts in the bundles.

The trial judge at the Provincial Court of Alberta answered this question in the affirmative (2008 ABPC 232), but this decision was reversed by the Court of Queen's Bench (2009 ABQB 745), and the Court of Appeal dismissed the appeal by the appellants (2014 ABCA 71).

For he said he would «prefer to resolve this case on administrative law grounds and find that it is unnecessary to address the broader constitutional issues raised by the appellants» (para. 70).

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».

The respondent's application raises numerous complaints regarding the process used by the appellants.

Although the Court dismissed the appeals: · the judgement was not unanimous, with two judges — Lord Kerr and Lady Hale — expressing support for the arguments made by the appellants and the BHA.

The judge found it particularly troublesome that many of the documents filed in the past by the Appellant were unintelligible and served no legal purpose.

While the Court acknowledged the difference between the tests, it found that official marks like any others serve an identification function, and it could not accept that the average Internet user would mistakenly think ICBCadvice.com referred to advice provided or endorsed by the Appellant.

The representations made by the company and those said to be made personally by the appellant are indistinguishable.

He did not think there would be any likelihood an average consumer would be deceived into thinking the website was somehow associated with or approved by the Appellant.

In this instance, the interference caused by the appellant was less direct, but equally harmful.

[20] I accept that the narrow interpretation of the words «sufficient reason» advocated by the appellant would provide greater certainty to litigants in knowing the consequences of proceeding in Supreme Court where the matter falls within the Small Claims monetary limit.

It is therefore a misconception to hold that the Court below suo motu nullified the primary election conducted by the Appellant's Executive Committee... In the circumstance, this appeal is found to be misconceived, lacking in merits and liable to dismissal.»

But I agree with the trial judge that if the Legislature had intended to limit the scope of the words «sufficient reason» to the extent suggested by the appellant, it could readily have done so.

Rather, the Court agreed that the application judge, leaving the choice of dispute resolution proceedings open to the parties granted better flexibility and that a trial would not grant any material advantage as argued by the appellant.

Summary: The appellant foreign state challenged the lower court's judgment that real property owned by the appellant could be used to execute an enforcement order of an arbitral award.

the Chambers Judge erred in excluding affidavits tendered by the appellant and in refusing to allow the appellant to cross-examine a number of Hospital staff.

The Supreme Court unanimously dismissed the appeal, finding that the Respondent had not erred in law in any of the ways submitted by the Appellant.

The documents to be filed and served by the appellant and the information to be provided by the commission on appeal are summarised in a President's Practice Direction which came into force on 17 August 2009.

The respondent Judith McConnell brings an action for unjust enrichment seeking a remedial constructive trust in a property owned by the appellant Brian Huxtable.

[T] he issue in this case is whether Appellant's statements constituted a criminal offense in light of the evidence set forth in the record of this case, not whether this Court approves of the statements made by the Appellant.

Where an application is made by the appellant the issue of a PCO should be considered afresh by the Court of Appeal upon its merits, but where the beneficiary of a PCO has succeeded in the court below, it will usually be the case that a PCO will also apply in the Court of Appeal (para 47).