Sentences with phrase «dismissed the application based»

However, in his appeal marked CA / A / 451C / 2018, Metuh said the trial judge «manifested obvious bias» against him by failing to exercise his discretion judicially and judiciously when he dismissed his application based on «imaginary facts».

The OLRB did not accept OSSTF's arguments, and dismissed the application based on the Government's preliminary arguments.

Not exact matches

To dismiss «chance» out of hand betrays a standard argument of personal incredulity based in a lack of familiarity with what the science actually says and how it is validated in application.

But the Supreme Court dismissed the application, saying that it had no basis.

It was the second time that the tribunal would dismiss an application seeking the disqualification of the chairman based on allegation of bias.

But in her judgment on Thursday, Justice Oguntoyinbo dismissed Shagaya's application, holding that Justice Hassan did not need to hear from her before freezing the account, since it was based on an ex parte application.

Justice Mojisola Olatoregun had dismissed the application by the anti-graft agency, based on an objection by Patience's counsel, Mr. Ifedayo Adedipe (SAN) and Chief Mike Ozekhome (SAN), who also appeared in the case.

The Tribunal found that there was no discrimination and the unit owners» applications were dismissed in full on the following basis:

[2014] EWHC 3704 (Comm) The Commercial Court dismissed the application brought by Cruz City 1 Mauritius Holdings («Cruz City») who sought to obtain freezing orders on the basis of English proceedings that had been commenced to enforce an arbitration award against, among others, non-parties to -LSB-...]

The fact that she did so following a contested ancillary relief application and on the basis that all her ancillary relief claims were dismissed makes no difference; or it made no difference here, because her claims were of no real value in the light of H's insolvency.

The argument based on Article 49 CFR on the application of a more lenient sentence was dismissed on the basis that change in law occurred after the «sentence» was imposed definitively.

The respondents then filed an application to dismiss the complaint pursuant to s. 27.5 of the code on the basis that the complainant failed to diligently pursue his complaint.

On judicial review the chambers justice dismissed the application on the basis that he was bound by the Court of Appeal decision in Ostrensky v. Crowsnest Pass, 1996 ABCA 18 in regards to the effect of a tie vote and that the privative clause in the Teaching Profession Act «insulated all decisions from judicial review except on questions of jurisdiction».

Lord Kerr and Lord Wilson conclude that there was no basis for the presumption and, accordingly, the judge erred in dismissing the appellant's application relying on that observation.

The British Columbia legislation allowed defendants to bring an application, not less than 120 days before the trial date, to dismiss the lawsuit and recover their costs on a full indemnity basis.

The judge hearing the application dismissed it on the basis that, among other things, s. 52 of the MA Act conflicted with the terms of the RTA by virtue of the fact that the RTA states that a tenancy may by «terminated only in accordance with this Act.»

Both the first instance judge and the majority of the Alberta Court of Appeal dismissed most of the applicants» requests, without considering the merits of the application, based on abuse of process and lack of public interest standing.

The Chambers Judge dismisses the Appellant's summary judgment application and concludes the entire matter could be dismissed on a summary basis.

A court order (judgment) dismissing a claim summarily, without a full hearing on the evidence, upon application, and based on the allegation that there is no claim or defence with a reasonable prospect of success.

Under the card - based process, the OLRB will dismiss the application if it is satisfied that fewer than 40 % of the employees in the bargaining unit are members of the union.

The Board did not dismiss the application in Investia, supra, because it had no jurisdiction to inquire into the complaint, but rather on the basis that the applicant's termination was the result of his abusive and insubordinate behaviour, regardless of the fact that that behaviour may have been in the context of making a «complaint» to his employer.

The application was dismissed on the basis that, while the Russian courts» decisions were deeply flawed, they were not «so extreme and perverse that they can only be ascribed to bias».

The trial judge dismissed the defendants» application seeking disclosure of the settlement amounts, on the basis that the settlement amounts were covered by settlement privilege.

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 Tribunal refused the Repondents» request that the Application be dismissed on a preliminary basis for non-engagement of a social area of the Code finding that the equity partner was entitled to the protections of the Code.

Mr. Schrenk and his employer brought an application to dismiss the complaint pursuant to s. 27 (1) of the Code on the basis the complaint was not within the jurisdiction of the Tribunal.

Standing Court Martial: Applicant found guilty of service offences punishable under s. 130 of the National Defence Act for trafficking contrary to s. 5 (1) of the Controlled Drugs and Substances Act; Application for a stay of proceedings on the basis of entrapment dismissed.

We have advised a number of individuals who were subjected to disciplinary proceedings on the basis of alleged regulatory misdemeanours and advised an investment banker dismissed for gross misconduct on his claim against his former employer and his application to the FSA for approval for his new role.

But the court dismissed her application, on the basis the committee did not make or purport to make a final decision on whether she failed to meet professional standards.

By order dated January 20, 2016 Lauwers J.A. (in chambers) dismissed her motion based on lack of jurisdiction to issue an originating process such as a Notice of Application.

The application judge dismissed 416's application, and granted a declaration that 416 and Enza were required to sell the property to 490 under the option, but dismissed 490's claim for damages on the basis of unfairness to 416 (i.e. 490 would have a very long period of rent - free occupation).

[36] On the basis of the affidavit material before me, the evidence falls far short of establishing that the respondent has any need that would justify an interim award of spousal support and accordingly, the application for interim spousal support is dismissed.

Any violations dismissed by a court, or dismissed pursuant to Rhode Island General Law 31 -41.1-7 entitled, Application for Dismissal Based on Good Driving Record, do not appear on your driving record.

If the proper exercise of the Court's discretions to dismiss pursuant to Order 20 or Order 35A, or pursuant to its residual discretion, does not support the dismissal of a native title application, there should be no other basis on which the application is liable to be dismissed.

The application for the registration test is a wholly inappropriate basis for the exercise of a discretion to dismiss proceedings because:

«The tribunal dismissed the application without considering the merits,» on the basis that subsection 79 (1) of the Competition Act doesn't apply to the board because it does not compete with its members.

The judge hearing the application dismissed it on the basis that, among other things, s. 52 of the Mortgages Act conflicted with the terms of the RTA.