Sentences with phrase «denying appellant»

Lawyer obtained relief from the automatic stay, with the state court trial judge denying appellant's multiple requests for a stay of the sheriff's sale.

[16] The language of the policy upon which the respondent relies to deny the appellant's claim is found at p. 9 of the policy:

In the Court of Appeal, the defendant denied the appellant's allegations, and argued that the claims under the Human Rights Act 1998 were time - barred.

The judgment was handed down in an appeal filed before it on the ground that a Decree issued by one of the Emirates which restricted the right of the appellant to file a civil claim before the court of competent jurisdiction was unconstitutional because, it was said, that it denied the appellant's constitutional right to have unfettered access to the civil courts of the country.

In Children's Aid Society of Toronto v. M.S., the ONCA affirmed the motion judge's decision to deny the appellant father leave to bring a status review application for his children who were Crown wards.

In Robertson, the ONCA denied the appellant's motion for leave to extend the time for appealing the trial judge's order that the matrimonial home be sold.

In denying the appellants» claim, and requiring their children to enrol, the Court upheld compulsive diversity and ethical pluralism pedagogy as a legitimate mandatory component of public school education.

Makes being corrupt easier when you deny an appellant the right to be heard.

In April 2001, the court denied appellant's motion for a new trial.

Appeals of ethics Hearing Panel decisions based on an alleged procedural deficiency or failure of due process, and procedural review of arbitration hearing procedures shall be determined based on whether the effect of the deficiency was to deny the appellant a fair hearing.

Not exact matches

Counsel to the appellant, Mohammed Mohammed, however, called for an amendment of Section 87 of the Electoral Act, which he said denied his client the right to sue.

The appellate court, in arriving at its decision, said it was necessary that it determined whether or not the appellant was denied fair hearing by the lower court.

At the same time, DOCR will request in writing that the recipient who denied the certification provide copies of all documentation (including hearing transcripts, interviews, applications, etc.) used in making the determination not to certify the appellant.

It is the appellant's position that the accused was denied his rights under section 2 (a) of the Charter because he was required to establish the honesty of his belief and according to the appellant, that is a breach of religious freedom.

[33] It is arguably unclear whether the policy language required the appellant to commence his action within one year of November 1, 2010, the date that Manulife denied the claim, or whether the one - year period runs from September 9, 2010, the actual date the proof of claim was submitted.

The appellant filed his proof of claim on September 9, 2010 and his claim was denied by the respondent on November 1, 2010.

Accordingly, the Court found the Appellant had been denied exclusive distributorship rights under the agreement and so remitted the issue of damages to the Trial Judge.

The Minister denied the bumps and increased the Appellant's capital gain on disposition.

The appellants sought early release and had been denied an oral hearing by the Parole Board under the operation of the statutory regime (detailed in paras 3 - 17).

While the appellant in the present case had 3 documented incidents of misconduct during pre-sentence detention (marijuana odour in cell, possession of contraband and making a gross insult at another person), there was not enough evidence to justify denying enhanced credit:

The appeals court also rejected appellants» argument that the service returns were defeated by their counter-affidavits in which they denied receiving the summons and complaint.

The Appellants denied coverage for the damages.

«It is submitted that not only have [the appellants] been denied procedural fairness on this issue, but also the public interest in showing the extent to which their allegations were accepted or rejected has been unlawfully frustrated,» he said.

(3) Did the adjournment of the trial cause serious prejudice to the appellants, effectively denying them meaningful access to justice?

The appellant argues that the motion judge erred in denying the request for a second adjournment of the respondent's motion for summary judgment.

Moreover, the record did not support the appellant's claim that he was denied procedural fairness because the trial judge denied his adjournment request without fully hearing from the parties.

Six weeks after the settlement agreement, the Appellants applied to the Commission to have their registrations reinstated, which was denied.

The appellant's counsel, Philip Moser, argued the Court of Appeal judgment imposed onerous obligations on agents, many of whom were of limited means, who would bear some costs of instructing valuers to quantify the agency value, denying them an effective remedy under the Directive.

It is arguably unclear whether the policy language required the appellant to commence his action within one year of November 1, 2010, the date that Manulife denied the claim, or whether the one - year period ran from September 9, 2010, the actual date the proof of claim was submitted.

The respondent admitted that the appellant was a central employee to the family's business, but denied that there was ever a pledge with respect to the company's assets.

The appellants were denied leave to introduce as fresh evidence on the appeal an affidavit from Ms. Seliverstova providing additional bank records in support of her argument that the funds she received had come from her mother in Russia and not Mr. Purcaru.

The appellant was required to obtain leave to commence any proceeding against the respondents, pursuant to the February 13, 2015 order of Varpio J. Justice Gareau properly denied leave when the claims could not possibly succeed because of the expiry of limitation periods.