Sentences with phrase «decision under appeal»

The decision under appeal finds that Fraser Hillary's Limited liable in nuisance and under the Environmental Protection Act, R.S.O. 1990, c. E19.

In the decision under appeal, the Yukon Court of Appeal quashed the land use plan for the Peel Watershed that Yukon unilaterally imposed in place of the plan developed with First Nations through a collaborative land use planning commission.

Not exact matches

CN President & CEO Paul Tellier said the two would «immediately initiate an appeal of the STB decision, and vigorously pursue all avenues that are open to us under applicable law.»

This follows the Court's March 9, 2018 decision that upheld the Workers» Compensation Tribunals» decision to deny the employee compensation for medical aid in the form of medical marijuana under Workers Compensation Act in N.S. Workers» Compensation Act in Skinner v. Nova Scotia (Workers» Compensation Appeals Tribunal).

On April 12, 2018, the Appeal Court disagreed with the Human Rights Board of Inquiry's decision that denial of coverage for the medical marijuana under his health benefits plan was discriminatory in Canadian Elevator Industry Welfare Trust Fund v. Skinner.

The delegates are appealed to as individuals, yet we know they must act under compulsions and orders which are determined by all kinds of political stakes and decisions at home.

He added that under the new system, the tribunal's decision on the merger can not be appealed, unlike ACCC decisions.

Under the Bank Policy on Access to Information, appeals to the AIC must be filed within 60 calendar days of the Bank's decision.»

In a statement earlier this week, Connors made clear his intention to appeal the decision, saying that «Ms. Teachout admitted under oath that she misrepresented her address on official and tax documents.»

Other examples would include Moos and McClure (where the Court of Appeal overturned the only successful kettling case to date) and the admittedly contentious decision in Abdul v DPP - the conviction under section five of the Public Order Act 1986 of those protesting in fairly vituperative terms («baby killers», «rapists», «murderers» etc) about the war in Iraq at a homecoming for British troops.

In August 1987, under FCC Chairman Dennis R. Patrick, the FCC abolished the doctrine by a 4 - 0 vote, in the Syracuse Peace Council decision, which was upheld by a panel of the Appeals Court for the D.C. Circuit in February 1989, though the Court stated in their decision that they made «that determination without reaching the constitutional issue.»

In a decision released Tuesday, the 2nd U.S. Circuit Court of Appeals found that competitive cheerleading does not yet meet the standards of a varsity sport under Title IX, the 1972 federal law that mandates equal opportunities for men and women in education and athletics.

Caproni had ruled in February that the sealed evidence could become public post-trial, but Silver's lawyers, who have been fighting to keep the seemingly inflammatory documents under wraps, took that decision to appeals court.

A governorship aspirant under the platform of the Peoples Democratic Party (PDP), in Oyo State, Engineer Seyi Makinde has appealed to former governor of the state and one of the leaders of the party, Senator Rasidi Adewolu Ladoja to rescind his decision of dumping the political party due to alleged impunity.

ALBANY — A federal appeals court ruled Monday that former Brooklyn Assemblyman William Boyland Jr.'s corruption conviction should stand even though the jury instructions at his trial may have been improper under a 2016 Supreme Court decision.

On top of the harm caused to the small number who have been sent back to a dictatorship, those left waiting for appeal decisions in the UK are under huge strain.

LAKE GEORGE — In a split decision, a local entrepreneur was granted permission Feb. 1 by the Lake George Village Zoning Board of Appeals to operate an outdoor lighting display that would normally be prohibited under local zoning laws.

In addition, other decisions, except the decision on grades, can be appealed to the Board if you believe they violate the prohibition against discrimination under the Discrimination Act.

in the case of an unaccompanied youth, ensure that the local educational agency liaison assists in placement or enrollment decisions under this paragraph, including coordination with the committee on special education for students with disabilities pursuant to section 200.4 of this Title, considers the views of such unaccompanied youth, and provides notice to such youth of the right to appeal pursuant to 42 U.S.C. section 11432 (g)(3)(E)(ii)(Public Law 107 - 110, title X, section 1032, 115 STAT.

This section advises on your first step - being familiar with your school pay policy's pay progression criteria and its pay appeals procedure - and on steps to take if you decide that the policy itself should be challenged, rather than decisions made under the policy.

(Calif.) Reversing a prior decision, an appeals court ruled this week that private communications sent on personal electronic devices and saved on private data systems are not subject to disclosure under the California Public Records Act.

• School Expansion, Growth & Strategic Planning • State and Federal Employment Law • School Board and Nonprofit Governance • Administrative Law & Appeals of State and Federal Agency Decisions and Actions • Special Investigations & Legal / Compliance Audits • Policy Guidance and Development • Constitutional Challenges and Claims • School Employee and School Board Training • Litigation in Federal and State Courts • Administrative Hearings and Appeals Before State and Federal Agencies • Public Entity Purchasing and Procurement; Business Transactions; & Contract Negotiation, Review and Drafting • Construction Law, AIA Construction Contracts, Review and Drafting • Real Estate Transactions and Condemnation • Special Education under IDEA and Section 504 • Student Rights & Discipline Issues and Hearings • State and Federal Claims of Discrimination • State and Federal Civil Rights • Administrative Grievances and Hearings • False Claims Act / Qui Tam Defense for Local Government Entities

The California Supreme Court has let stand a 2016 appeals court decision that will restrict some charter schools» ability to expand and jeopardize the status of an estimated 38,000 students studying under charter school arrangements that the appeals court declared illegal.

Earlier in the day, under more friendly questioning from Marcellus McRae, representing the students, Deasy told the court that the cost of dismissing a «grossly ineffective teacher» can sometimes reach into the millions of dollars, impacting decisions as to whether to appeal a dismissal or leave a teacher in the classroom.

(e) The Contractor shall have the right of appeal, under the clause in this contract entitled, Disputes, from any final decision of the Contracting Officer.

Legal The Malaysian cartoonist Zunar has appealed a court decision upholding his 2010 arrest and detention, claiming police acted in bad faith when they arrested him under the Sedition Act because of his book Cartoon - O - Phobia, which had not yet been released at the time of his arrest.

• Under the law, Bauck was allowed to file a motion appealing the USDA decision, which her lawyer did on January 20, 2010.

Sega Australia will continue to explore their options, including the possibility of appealing the rating board's decision as it essentially outlaws the sale of the game down under, according to an e-mailed statement from the company.

Prince had appropriated 40 of Cariou's photos altering them variously, and though the judge ruled in favor of Cariou in 2011, the appeals court largely overturned the original decision in 2013, deciding that most photographs suffered sufficient transformation and were thus under permitted use.

In order to diversify its audiences and groom and appeal to the next generation of museum goers, the Tate in London is seeking a trustee under the age of 25 to bring a youthful lens to the institution's decision making.

Under the reformed process that I propose, challenges to refineries and other energy project permits must be brought before the D.C. Circuit Court of Appeals within 60 days of the issuance of a permit decision.

Furthermore, the Complainant has the right to appeal any decision, and his / her appeal must be considered by the investigating body, under the supervision of ORI.

Defendants had appealed this Court's decision denying summary judgment as to the Government's claim for disgorgement under 18 U.S.C. 1964 (a).

[1] This is an appeal from the decision of Horkins J., dated December 14, 2012, denying a motion to certify a class proceeding under the Class Proceedings Act, 1992, S.O. 1992 c. 6 («CPA»).

Appeals from commercial arbitration decisions are narrowly circumscribed under the Arbitration Act.

Under the Masterpiece reasoning, there is no room for disclaimers or website content to correct initial mistake or confusion resulting from the initial trademark or domain name use, as the Court of Appeal in this decision appears to have allowed.

The decision is under appeal.

Justice Hughes briefly commented on the existence of US decisions that were under appeal, and simply stated they were not taken into consideration in his decision.

Taylor Wessing has been ordered to disclose information it held about parties involved in litigation, in a landmark Court of Appeal decision on legal professional privilege under the Data Protection Act 1998 (DPA 1998).

In the Money Mart decision, the Ontario Court of Appeal stated: «The proper view is that the court acting under s. 32 (4)(a) has the authority to determine the fees owing to the solicitor after considering and weighing all relevant factors.

The opinion by U.S. Court of Appeals for the Federal Circuit reversed a 2016 jury decision that Google's usage of the code was fair use under copyright law.

[a] tax measure such as that at issue in the main proceedings, which is, according to the referring court's description of its history and purpose, intended to prevent excessive capital flow towards the Netherlands Antilles and to counter the appeal of that OCT as a tax haven, comes under the tax carve - out clause cited above and remains, consequently, outside the scope of application of Article 47 (1) of the [Seventh] OCT Decision, provided it pursues that objective in an effective and proportionate manner, which is a matter for the referring court to assess.

A recent decision of the Federal Court in Novartis v Teva 2013 FC 283 («Novartis»)[under appeal A-123-13] has established that the relevant date for patent sufficiency is not until the publication date.

In a recent appeal decision the High Court has thrown out a case on appeal brought under the sometimes controversial Animals Act legislation.

The Alberta Court of Appeal in the very recent decision of Singh v. Kaleremphasized that it is the intention of the claimant (i.e. the party claiming under the trust) at the time of the advance of funds that counts.

Hall v. Hall, No. 16 - 1150, holding that when one of several cases consolidated under Federal Rule of Civil Procedure 42 (a) is finally decided, that decision confers an immediate right to appeal.

The judge who granted leave to appeal acknowledged the decision's «importance to the profession, as well as to the administration of justice generally», and described the core issue raised by the decision to be whether «pre-approval to use discovery evidence under one of the exceptions contained in [Rule 30.1] is or is not required»: S.C. v. N.S., 2017 ONSC 2601 at para. 8.

In providing any comments on the court's decision it is important for me to note that: (a) I was counsel to the successful party; and (b) this decision is currently under appeal.

The first important matter was that this was not an appeal from any decided case, but from a decision on the interpretation of whether something could be a criminal offence under section 92 of the Trade Marks Act 1994.

As a result, any and all decision by administrative agencies will be litigated under de novo review in circuit court and again at the appeals court.