Sentences with phrase «evidence before»

Having concluded that the evidence before him satisfied the relatively low threshold a registered owner must meet to demonstrate that a mark is in use, the judge found that the owner's registration should remain valid.

As long as the Court can make a decision based on the evidence before it, judgment on a summary trial may be given irrespective of the amounts involved, the complexity of the issues, and the existence of conflicting evidence.

Those factors include: her squandering of the time when she was paid support while also being intentionally unemployed; her unilateral move to Mexico accompanied by her express decision to not work or be underemployed; her failure to produce relevant evidence about her past and present financial circumstances in a timely fashion; her active misrepresentations to Mr. Street concerning her income; her filing of false evidence before this Court and the Provincial Court about her employment activities in Mexico; her delay in seeking spousal support; the hardship that would be borne by Mr. Street, A.S.S. and his new family members arising from her past (in) actions and in seeking support at this late date; and, her failure to comply with the Rules.

With respect to (2), the ONCA held that neither the evidence before the trial judge nor the proposed fresh evidence on appeal supported the husband's claim that he owed a significant contingent tax liability on the date of separation.

On the evidence before me, I am not prepared to determine child and spousal support on this motion on any income other than line 150 of the respondent's income as set out in section 16 of the Guidelines.

On the basis of the evidence before it, it concluded that Burundi state had failed to take the necessary minimum measures to protect the occupied land (having had the resources to do so).

While the medical evidence before the court is primarily based on the subjective complaints of the plaintiff, there is no evidence that the plaintiff's symptoms continued beyond what would normally be expected for these types of soft tissue injuries.

The evidence before me establishes that Ms. Mulyati has not contributed towards, and has not had any involvement in, either preserving, maintaining or managing any of the family assets identified above since her sudden departure in May 2013.

Kentucky must enact legislation that requires corroboration of jailhouse informants and creates a process for criminal courts to determine the reliability of such statements prior to allowing this type of evidence before a jury.

The Competition Tribunal may make predictions about the future based on the evidence before it.

This used to be in relation to decisions based on facts; courts were reluctant to substitute their own findings so long as a board's decision was not «patently unreasonable» and so long as there was some evidence before the board that would support its decision.

Where no risk of direct conflict arises, but a decision of the European Commission addresses similar subject matter to that before the national court, the European Commission decision may simply be admissible as evidence before the national court (although, given the expertise of the European Commission, it might well be regarded by that court as highly persuasive).

I made my ruling based on the evidence before me at the time.

This means the judge must be able to find the necessary facts and issues on affidavit evidence before giving judgement.

Fortunately, Best had recorded the phone call and returned to Canada to place evidence before the court that proved the lawyers lied to the judge to obtain his conviction.

At para. 35, the court mentions these factors: the evidence before the court; proffered explanations for not calling the witness; and the nature of the evidence they could give.

However, as you can see, it is the plaintiff's burden to provide the court with ample evidence before a case can proceed to a jury.

15 There was clear evidence before the trial judge, that Constable Watson was a designated qualified technician pursuant to the Criminal Code, and was so designated by Bob Runciman, then the Minister of Public Safety and Security, the ministry which was assigned the responsibilities of the former office of the Solicitor General.

[21] I agree with the principles advanced by Mr. Ostrikoff; however, it remains true that it is for the plaintiff to prove a claim for past loss of earning capacity on a balance of probabilities, and that an award must keep in touch with the evidence before the court.

- None of the other grounds raised by Dr Smith even arguably raise matters where evidence at trial could differ from the evidence before him and concluded that he considered Dr Smith's prospects of success as fanciful.

However, the judge hearing the enforcement application, Sir Michael Burton, found that this evidence of inferred bias was «only the context, and a context in which I can reach no conclusions one way or the other on the evidence before me... «[2]

The motions judge should first determine if there is a genuine issue requiring trial based only on the evidence before her, without using the new fact - finding powers.

«The evidence before me indicates that with respect to the ASDs used in your case, the ASD Calibrator changed the service expiry date to match the calibration expiry date for three consecutive months... [B] ecause of this I can not be satisfied that the ASDs were serviced at the appropriate times, making the ASD results unreliable.

(6) A judge's performance evaluation shall not be admitted in evidence before the Judicial Council or any court or other tribunal unless the judge consents.

Given the evidence before it, the jury sided with the lieutenant.

The ABCA held that it was an error of law to require expert evidence before the exercise of such a discretion, «regardless of the age or apparent maturity of the child» (at para 17).

[pullquote] Looking at the evidence before advising a client is simply the fair and prudent thing...

«Having considered all of the evidence before me, I am not satisfied that the ASD registered a «Fail» as a result of your BAC exceeding 80 mg %.»

If a party, duly invited by the arbitral tribunal to produce documents, exhibits or other evidence, fails to do so within the established period of time, without showing sufficient cause for such failure, the arbitral tribunal may make the award on the evidence before it.

«Based on the evidence before me, I am not satisfied on a balance of probabilities that you were advised of your right to a second test as required by the Act.»

[59] There is no evidence before me that the respondent posted the information for economic gain.

Therefore, based on the evidence before me, I am not satisfied that the ASD registered a «warn.

Take a cold, hard look at all of the evidence before proceeding to terminate.

Finally, the evidence before the court showed that as a result of the policy, rough sleepers were targeted and questioned by police and immigration officers simply because they were presumed to be abusing their EEA rights of residence.

It is respectfully submitted that there is no evidence before the CTA, brought by VIA that an interim order granted by the CTA would cause economic loss or give rise to a cause of damages against the applicant CCD.

The mistake can be only embarrassing to the non litigant and / or it can distort the evidence before the court.

I am not satisfied that the evidence before me provides a sufficient basis to establish the relevance of the invoices of Dr. Grypma, orthopedic surgeon, to those of Dr. Adrian, physiatrist.

The Claimants sought an order for alternative service on the basis of good reason, rather than exceptional circumstances, which had to be their case in the light of English authorities on service where a treaty made exclusive provision for service in the state in question, but I would have considered the circumstances exceptional in any event in the light of the evidence before me as to the likelihood of the KRG seeking to utilise Article 10 and the stifling, stalling and obstructive tactics adopted by the KRG in the arbitration and enforcement actions in the UK and the District of Columbia, as set out in the relevant witness statements before me at the time, to which I have already referred.

Unsurprisingly the defendant argued that the claimant could not prove a breach of local standards, because there was no evidence before the court to determine that issue.

I've no doubt they did their job as best they were able given the evidence before them and submissions made.

I find that the evidence before me has established such a reasonable doubt as required by section 258 (1)(c)(iv).»

The evidence before the court indicated that life - saving operations and chemotherapy were denied some refugee patients or, when provided at all, were delivered by compassionate doctors acting for free.

On 30 November 2017 the House of Commons justice committee called on the government to ensure there is «clear and unambiguous» evidence before bringing forward any legislation.

The panel points out «there is no evidence before us that the member's legal work was actually affected by the conflict of interest» (para. 52).

What characterises a judicial finding for these purposes is that it is an opinion of a court or other tribunal whose responsibility is to reach conclusions based solely on the evidence before it.

Our forensic professionals provide onsite service anywhere, 24/7, 365 days a year to preserve potential evidence before it is accidentally or purposefully overwritten and destroyed.

[297] On the basis of the evidence before me, I find that the plaintiff has established that the injuries she sustained to her neck, shoulders and upper back, right knee and right ankle, as well as her PTSD, sleep disturbances and anxiety were caused by the Accident.

«There is credible and compelling evidence before me that the defences of justification and qualified privilege... are reasonably likely to succeed,» Dunphy wrote, adding that Bent's comments about Platnick «appear to have been substantially true and correct or are fair and reasonable comment upon those facts.»

On the evidence before me, I find that the injuries to his neck and upper back had more or less resolved within ten to twelve months after the accident with occasional flare - ups.

«The Bar's statements of fact on this issue are directly contradicted by the record evidence before the Court.»