Sentences with phrase «dismiss facts in any case»

Not exact matches

The war of words among senior Conservatives over Britain's relationship with Europe has intensified, as David Cameron's attempt to make an upbeat case for staying in the European Union — styling himself the leader of «Project Fact» — was dismissed by Boris Johnson as «baloney».

Making reference to the Courts Act of 1993 (Act 459), Mr Justice Ofoe said Section 31 (2) holds that «an appellate court, on hearing an appeal in a criminal case, shall allow the appeal if the appellate court considers (a) that the verdict or conviction or acquittal ought to be set aside on the ground that it is unreasonable or can not be supported having regard to the evidence, or (b) that the judgement in question ought to be set aside as a wrong decision on a question of law or fact, or (c) that there was a miscarriage of justice, and in any other case shall dismiss the appeal.»

«Pi is a non-copyrightable fact, and the transcription of pi to music is a non-copyrightable idea,» Simon wrote in his legal opinion dismissing the case.

There's something powerful in that, in the simple fact that The Intern is so sympathetic to its older character - so resolutely on the side of a person who might, in other contexts, be dismissed or ignored or, as is so often the case, invisible.

There's a long history in education of teachers being able to be dismissed — and in fact, that's still the case in many states which don't have due process protections — for reasons other than competence.

In fact, people have attempted to sue the makers of prescription diets with various complaints and had their case dismissed.

In Mostar Directional Technologies Inc. v Drill - Tek Corporation et al., 2017 FC 575, on a motion to strike brought by a defendant, the Prothonotary struck the pleading and dismissed the case on the basis the statement of claim pleaded no material facts... [more]

This motion asks the court to dismiss the case without requiring the defendant to present any evidence, asserting that the plaintiff failed to show that a question of material fact is in dispute.

In reaching the conclusion that Frontline was bound to pay a penalty, the Court dismissed Frontline's invitation to modify the language of Article 18 and to imply a judicial discretion as to whether a penalty should be ordered on the facts of each particular case and / or the amount of any such penalty.

In my view, that court would have been perfectly within its rights to dismiss the case on the basis that, assuming the violation was made, there was no compelling reason to require compliance in this instance and, in fact, there would obviously be hardship to the unit owneIn my view, that court would have been perfectly within its rights to dismiss the case on the basis that, assuming the violation was made, there was no compelling reason to require compliance in this instance and, in fact, there would obviously be hardship to the unit ownein this instance and, in fact, there would obviously be hardship to the unit ownein fact, there would obviously be hardship to the unit owner.

The hard question is determining what a jury's acquittal «necessarily decided» in particular facts and circumstances, given that a jury verdict in a criminal case typically only determines if the jury convicted, acquitted, or hung on each of the charges presented to it in the indictment and not dismissed before tiral.

This is, in fact, not the case, and following this path will likely get your claim dismissed.

In judgment, the Court dismissed the similar act application finding in fact that the two cases were not connected in time nor circumstances, and accepted the evidence of G.CIn judgment, the Court dismissed the similar act application finding in fact that the two cases were not connected in time nor circumstances, and accepted the evidence of G.Cin fact that the two cases were not connected in time nor circumstances, and accepted the evidence of G.Cin time nor circumstances, and accepted the evidence of G.C..

In a 58 - page ruling in 2010, Ontario motions Justice Duncan Grace granted summary judgment against Hryniak in both cases and ordered him to pay $ 2.1 million, but dismissed the motions against Peebles and Cassels Brock, ruling those facts required a triaIn a 58 - page ruling in 2010, Ontario motions Justice Duncan Grace granted summary judgment against Hryniak in both cases and ordered him to pay $ 2.1 million, but dismissed the motions against Peebles and Cassels Brock, ruling those facts required a triain 2010, Ontario motions Justice Duncan Grace granted summary judgment against Hryniak in both cases and ordered him to pay $ 2.1 million, but dismissed the motions against Peebles and Cassels Brock, ruling those facts required a triain both cases and ordered him to pay $ 2.1 million, but dismissed the motions against Peebles and Cassels Brock, ruling those facts required a trial.

always hitherto prevented the said cargo or any part thereof from being sent in any other manner to the said United States and landed therein pursuant to the condition of the said bond; and these defendants aver that the damages and injuries aforesaid sustained by the said vessel were unavoidable and by force of the winds and waves, and that by reason of the detention and continuation thereof as aforesaid by superior force as aforesaid, they could not at any time heretofore, nor can they yet, land the said goods, wares, and merchandises in the said United States, pursuant to the condition of the said bond in the said petition set forth, by reason whereof, and also by force of the statutes in such case made and provided, these defendants are, as they are advised, discharged from the payment of the said sum of money in the said bond or obligation mentioned, or any part thereof; these defendants therefore pray that a jury may be empanelled to inquire of the facts aforesaid, should they be denied by the United States, and that these defendants may be hence dismissed with their reasonable costs and damages in this behalf most wrongfully expended,»

In this case the EAT held that it was possible to separate the fact that a policeman had made protected disclosures from the fact he was subjected to detriments and ultimately dismissed.

The SRL usually is not versed in legalese and when they tell the facts or make argument using everyday language that says the exact same thing the legalese says the judges pretend not to understand (in some cases they actually may not understand, I find them often very unaware of basic legal principles) so they take the easy and safest way out by saying the one word that works for them - dismissed.

The court, rather summarily, dismissed all of the appellant's arguments save and except for costs of the trial, which the court reduced to $ 76,000.00, on the grounds that the trial judge appeared to have mistakenly believed that a particular offer to settle had been open for acceptance longer than had in fact been the case.

In Ms. Bolibruck's case, Justice Nightingale reviewed the facts and came to the conclusion that the changes to Ms. Bolibruck's job were not significant enough to trigger a constructively dismissed.

As an accomplished and experienced criminal defense attorney in Fresno, he knows how to assemble a solid defense against allegations and present the facts of your case in a way that may make it possible to get your charges reduced or even dismissed.

The District Judge hearing the matter applied the welfare principles to the facts of the case and dismissed the Father's application on the basis that a return to Kent and potential return to the North East thereafter would be too disruptive for the child and further that there were concerns about the welfare of the Mother if she were to return to Kent in light of her allegations concerning the Father's behaviour and her medical condition.

The attorneys working for these insurance companies are experienced in defending claims against trucking companies, and they sometimes get lawsuits dismissed without a jury ever hearing the facts of the case.

the trial judge is not obligated to formally balance the length and quality of service with the nature and severity of the misconduct in determining whether there was just cause to dismiss, though it may be appropriate on the facts of a particular case to engage in just such an analysis

Even if the DUI charge against the person who injured you or killed your family member is dismissed, that fact has no bearing on liability in a civil case.

In fact, such an indication had already been given by the Court of Appeal in Bascetta v Santander [2010] EWCA Civ 351 which was a case primarily on other grounds, but which at one point contained a short passage by Pill LJ on this point: «29... The question for the [employment] tribunal, which must be determined separately for each applicant, is whether the applicant was unfairly dismissed, not whether some other employee could have been dismissed... It will not help him to show that on the same criteria some other employee might not have been retaineIn fact, such an indication had already been given by the Court of Appeal in Bascetta v Santander [2010] EWCA Civ 351 which was a case primarily on other grounds, but which at one point contained a short passage by Pill LJ on this point: «29... The question for the [employment] tribunal, which must be determined separately for each applicant, is whether the applicant was unfairly dismissed, not whether some other employee could have been dismissed... It will not help him to show that on the same criteria some other employee might not have been retainein Bascetta v Santander [2010] EWCA Civ 351 which was a case primarily on other grounds, but which at one point contained a short passage by Pill LJ on this point: «29... The question for the [employment] tribunal, which must be determined separately for each applicant, is whether the applicant was unfairly dismissed, not whether some other employee could have been dismissed... It will not help him to show that on the same criteria some other employee might not have been retained.

Similarly SIAC had been entitled to dismiss Mr Othman's Art 5 claim, which was based on the fact that Jordanian law provided for solitary detention without charge or access to a lawyer for up to 50 days, on the basis that this was unlikely to happen in his case.

Since drug trafficking charges are difficult to dismiss, you need to conduct thorough investigations around the facts surrounding the case and brainstorm your evidence before you defend yourself in court.

Before a full hearing in the case, the respondent employers brought a motion seeking to have the case dismissed for failing to detail sufficient facts to establish that a reprisal had occurred.

The facts were agreed and so Google's case was merely that it was not even a party (which was quickly dismissed) and that there was a «freedom of information» angle which could be breached by an injunction being awarded in other jurisdictions even if not in Canada.

However, on the particular facts of that case — where the chief detriment was a disciplinary hearing brought against the claimant who was dismissed internally — the tribunal had not been perverse in ruling a number of the alleged acts out of time at the preliminary hearing.

In the case against the HRTO and University of Windsor, the adjudicator had dismissed Visic's complaint of discrimination against the university because she had also commenced a civil action against the school about the same matter and based on the fact her complaint was filed more than a year after the incident the complaint related to.

On the facts, the claimant's case was dismissed in relation to unfair dismissal and unlawful deductions, but allowed to proceed on the (relatively minor?)

The trial judge dismissed the case and Catalyst appealed arguing (1) that there were errors in the trial judge's fact - finding process; (2) procedural unfairness; and (3) that the trial judge erred in his analysis of the spoliation claim.

Pecman says: «We believe that the Competition Tribunal erred in dismissing our application and in not ruling on the facts of the case.