Sentences with phrase «defendant application requesting»
Reasons for judgement were released today by the BC Supreme Court, Vancouver Registry, dismissing a defendant application requesting the production of a Plaintiff's Facebook postings, Twitter postings, Computer Hard Drive and Iphone.
http://bc-injury-law.com/ Not exact matches
The application was opposed by the prosecution counsel, Sylvanus Tahir, who argued that the request of the defence is unnecessary as the defendant (Metuh) is in court as a credible witness and can testify.
As the Trial Management Conference neared ICBC made an application requesting that «(the personal) defendants are exempt from attending the trial management conference; secondly, that Mr. Kevin Munt, who appears to be an adjuster at the Insurance Corporation of British Columbia, «represent» the defendants at the trial management conference, and that Kevin Munt be allowed to attend the trial management conference by telephone ``.
Specific topics covered include the role of the prosecutor, defendant and justice of the peace; the presumption of innocence; proof beyond a reasonable doubt and findings of credibility; elements of an offence; guilty pleas to an offence charged or another offence; mens rea, strict liability and absolute liability offences; defences to regulatory charges, including due diligence, reasonable mistake of fact and officially induced error; trial procedure; presentation of evidence; rules of evidence; the voir dire; dealing with the unrepresented defendant; Charter applications; access to justice issues; paralegals and lawyers in the courtroom; requests for a bilingual trial; articulating reasons for judgment; delivery of a judgment; sentencing; and trials of young persons.
A non-suit application is permitted by Rule 8.20 of the Alberta Rules of Court, Alta Reg 124/2010, which states, «at the close of the plaintiff's case, the defendant may request the Court to dismiss the action on the ground that no case has been made, without being asked to elect whether evidence will be called.»
In some circumstances, a defendant could utilise a discontinuance to constitute the basis of a fundamental dishonesty application, in essence requesting the court to draw an adverse inference.