Sentences with phrase «evidence on a breach»

After very careful and detailed analysis, Joseph Neuberger, was convinced that a significant portion of the information was inaccurate and as a result he drafted a very detailed application to cross-examine the Affiant on the Information to Obtain, in order to challenge the validity of the warrant and attempt to exclude all of the evidence on a breach of the client's Charter right to be free from unreasonable search and seizure.

Not exact matches

These stories may or may not have been based on an event, such as the breach of the land barrier that kept the Black Sea below the level of the Mediterranean Sea or even the flooding of the north end of the Red Sea, but there is no evidence for a global flood.

Animals Australia has also lodged complaints with the Department of Agriculture based on two subsequent investigations in Jordan (in October 2013 and January 2014)-- with evidence presented of ongoing breaches of ESCAS involving the cruel handling and slaughter of Australian sheep outside the supply chain in Jordan — and implicating the same live export company.

The animal welfare group has called on the Department of Agriculture to explain why Emanuel Exports still holds a licence to export livestock given the evidence confirming «comprehensive breaches».

Animals Australia has written to the Secretary of the Department of Agriculture seeking answers as to why Emanuel Exports hasn't had their export licence suspended — given the extensive evidence of non-compliance with regulations on ships, and their track record of regulatory breaches in importing countries.

That this House is concerned that the provisions of the Infant Formula and Follow - on Formula Regulations 2007 are disrespected in the UK, as evidenced by the current promotion for Nestlé SMA infant formula by Tesco in breach of Article 23 of that regulation, the near identical labelling of infant and follow - on formula to make them cross-promotional in breach of Article 19 of that regulation, the widespread advertising of infant formula brand names and logos in breach of Article 21 of that regulation and the use of idealising text and images on labels in breach of Article 17 of that regulation; therefore rejects the Department of Health's proposals to decriminalise certain of those requirements, such as labelling provisions in planned draft legislative proposals, related to EU Regulation 609/2015 which will replace these 2007 regulations; and stresses that any move to a system of Improvement Notices must have the purpose of speeding up compliance and be backed by prosecutions rather than giving companies who have flouted the law for many years additional time to comply.

Nestlé stated: «We do not have any evidence of bulk purchase of SMA for export» and put it on price promotion in UK supermarkets, in breach of the marketing requirements.

CHRAJ, in its investigation of a conflict of interest allegation leveled against Ken Ofori Atta by a known member of the National Democratic Congress (NDC), Brogya Genfi, said although it found no concrete evidence on conflict of interest against the Minister, he [Ken Ofori - Atta] breached several procedures.

Law lords are expected to rule later today on whether a police force breached the human rights of a witness shot dead before he could give evidence at a trial.

There is more than enough evidence to warrant an investigation into a possible breach of the ministerial code or a potential misleading of Parliament and, if it was enough to refer Warsi for investigation on the mere whisper of a scandal, then after the wave of texts, emails, phonecalls and the resignation of a special adviser whose conduct he was responsible for, surely Hunt, too, should have been referred?

The Commons Home Affairs Select Committee chair Keith Vaz said: «The evidence of Assistant Commissioner John Yates today raised a number questions of importance about the law on phone - hacking, the way the police deal with such breaches of the law and the manner in which victims are informed of those breaches,» he said.

You don't have to agree with Salby to see that, on the basis of our current evidence, Macquarie University has behaved in a shabby and unprofessional manner, and quite possibly breached several employment and contract laws.

The university says it has «no evidence of a recent breach in our systems», and suggests that the cache — posted on a Russian server — has «the appearance of having been held back after the theft of data and emails in 2009 to be released at a time designed to cause maximum disruption to the imminent international climate talks».

Evidence connecting the breach of duty to the injury suffered may permit the judge, depending on the circumstances, to infer that the defendant's negligence probably caused the loss.

The accused has brought an application to exclude the evidence of his readings into the breathalyzer on the basis of section 24 (2) of the Charter, resulting from alleged breaches of sections 7, 8, 9, 10 (a) and (b) of the Charter.

Serious matters should be tried on their merits and impaired driving is one of those matters, but not if the Charter breach is serious and the denial of right to counsel in these circumstances is such that, in my view, to admit the evidence following the breach would do more to bring the administration of justice into disrepute than to admit it.

So on the totality of the evidence, I do find that there was a breach, which in effect was that T was assaulted by Officer Vander Wier and Officer Conway while he was in their custody.

I do find based on the evidence, the overwhelming evidence that with respect to Mr. T, his section 7 and section 12 rights were breached.

R. v. K.P. (2013)-- Client acquitted of breaching his bail conditions on a directed verdict, after arguing Crown evidence of the offence was inadmissible at trial.

As indicated, the trial judge settled upon the former on the basis that no evidence was negatively affected, and, weighing the seriousness of the crime for which T was convicted against the seriousness of the breach, he found that this was not one of those «clearest of cases» where a stay should be granted.

In his defence, the teacher applied to exclude evidence based on a breach of his right to be free from unreasonable search and seizure under section 8 of the Canadian Charter of Rights and Freedoms.

In particular, as regards the impact on related criminal proceedings, the protections afforded to criminal defendants are not available to witnesses in a public inquiry, who may be compelled to give evidence or disclose documents that may breach the privilege against self - incrimination that would be available to them in the criminal proceedings themselves.

He also found that Everson breached the standard of care required for completing such an application (known as a Form 1) because she did not conduct a personal examination of the plaintiff and is not permitted to proceed based on third - party evidence.

The appellate court upheld the finding that there was enough evidence to establish that Entergy was in breach of its duty of reasonable care for persons on its premises.

First, as it is unlikely that land transactions will involve a «hardcore» breach of Art 101 (1)(but that might be possible for example in the sale of off - plan leases as between competing developers) the key question is whether the land agreement is «by object» anti-competitive based on the evidence of its effect (the treatment of «hardcore» infringing agreements as ones classified «by object» is reflected in the Commission's own Guidelines; 2004 / C 101/08; para 21, and see the Guidance Note para 2.1 and footnote 13).

In my view, the trial judge failed entirely to consider the impact of the breaches on the appellant in assessing whether the admission of the evidence would bring the administration of justice into disrepute.

The Criminal Evidence (Witness Anonymity) Bill will restore a trial judge's power to grant a witness anonymity order (WAO), after the House of Lords in R v Davis ruled that they breached the right to a fair trial under Art 6 of the European Convention on Human Rights.

Green J accepted and gave considerable weight to the evidence of the Metropolitan Police that disclosure of information to defendants in Thai criminal proceedings would breach assurances of confidentiality, which would have a chilling effect on international law enforcement co-operation.

The court decided to review Issues 2, 3, 5 and 6 on a «deferential standard of reasonableness,» but applied correctness to Issues 1 and 4: «While I acknowledge that in the administrative law context a tribunal may develop its own procedures as to admissibility without the recognized strictures found in the judicial rules of evidence, whereas issues # 1 and # 4 principally involve specific questions of law and concurrent issues involving breaches of natural justice or procedural fairness, I will apply a standard of correctness.

There will be a live ethical hacking / dark web demonstration, a discussion of the FTC's trend forward enforcement around security and the Sedona Conference ™ white paper on Security, what to expect when reporting to or being informed by the FBI about a breach, cyberinsuance and protocols for retaining evidence while ameliorating live threats.

On appeal, the condominium argued that the evidence showed it hadn't breached a duty to the decedent under OCGA § 51 -3-1.

87 Notwithstanding the serious nature of the charges in this case, because of the serious and flagrant nature of the breach involved, in my view, the admission of the evidence would have a far greater effect on bringing the administration of justice into disrepute than its exclusion.

In Negreiff No. 2, the employer argued that relevance is the determining standard of admissibility and there should be no automatic exclusion of evidence based on privacy breaches.

At trial, the plaintiff presents the written contract as real evidence of the agreement she and the defendant made and that the defendant breached when he didn't have the cash for the plaintiff on September 20 as stated.

In fact, during oral argument on the motion for summary judgment, Justice Schmidt allowed the plaintiff's counsel to supplement its written filings by presenting evidence to support each instance of an alleged breach of fiduciary duty.

Justice Sopinka then went on, at para. 25, to hold that: «[W] here the Crown has met its disclosure obligations, in order to make out a breach of s. 7 on the ground of lost evidence, the accused must establish actual prejudice to his or her right to make full answer and defence.»

On December 14, 2017, the Alberta Court of Appeal released the per curiam ruling in R v Girou, 2017 ABCA 426 involving a rare case where the Crown and the defendant agreed that lost evidence breached the defendant's fair trial interests under s. 7 of the Charter of Rights.

[In our] view, the seriousness of the Charter breach and the impact of the police conduct on Mr. Taylor's interests are such that the admission of the evidence would so impair public confidence in the administration of justice as to warrant the exclusion of the evidence.

On December 14, 2017, the Alberta Court of Appeal released the per curiam ruling in R v Girou, 2017 ABCA 426 involving a rare case where the Crown and the defendant agreed that lost evidence breached the defendant's fair trial interests...

Along with attorney Jeffrey S. Taylor, Michael successfully defended (not guilty in a bench trial) a claim on a personal guarantee valued in excess of $ 2,000,000.00 and alleged breach of fiduciary duty in a complex case which involved issues of estoppel, accord and satisfactory parol evidence, statute of frauds, unclean hands, breach of contract, burden shifting, constructive trust, Marital Settlement Agreements and bankruptcy issues.

Mr Pugachev was held to be in contempt of court in the English courts on 12 separate counts, including giving false evidence under oath, selling assets in breach of the freezing injunction and concealment of close to US$ 150 million.

Iraq (the new government) moved to dismiss for lack of subject matter jurisdiction, arguing that it was not a party to the contracts (rather SOMO was) and that the alleged breaches did not have direct effect on the U.S. because the place of performance was Iraq and that there was no evidence that any oil would go to U.S. customers.

On the third ground, the Court found the judge misapprehended the evidence concerning the question of whether the wire transfer was a breach of CIBC's employee Code of Conduct.

The SCC based this conclusion on the basis that the «breach was not high on the scale of seriousness, and its impact was attenuated by both the diminished privacy interest and the discoverability of the evidence.»

Justice John I. Laskin, speaking for a unanimous court, framed the issue on appeal this way, at para. 47: «Can Charter breaches that occur after the discovery of the evidence meet the «obtained in a manner» requirement in s. 24 (2) of the Charter?»

When police breach Charter rights, the illegally obtained evidence can be excluded from the trial, meaning that the prosecution is not allowed to rely on it to prove guilt.

The fact that the evidence put before this Court has not satisfied me that there has been a breach of the effectiveness principle should not, and I am sure will not, preclude the Lord Chancellor from making his own assessment, on the basis of the evidence to which he will have access, on that question.

In Cyprus, the claim was dismissed because there was no evidence the claimant had resigned in response to one breach on which he was permitted to rely, he said.

Unfortunately for Leonard, the Court, in denying Leonard's motion, held that warnings are not relevant in determining whether a manufacturer breached a duty to design a safe product and relied instead on the evidence that Leonard never considered an alternative design and failed to test to industry standards.

Loukidelis downplayed his order making power (a last resort), security breach notification (more evidence on impact needed), and even the concerns associated with cross-border transfers to the U.S. (can always pick a different private sector company).