Sentences with phrase «facie case»

Once you prove a prima facie case for self - dealing or undisclosed dual agency, the burden of proof often shifts to the defendant.

Jacob v. O'Brien (252 A.D. 2d 515)- summary judgment dismissing broker's complaint affirmed; owner's proof sufficient to make out a prima facie case that there was no meeting of the minds as to the sale of owner's residence.

The court stated that Title VII provides the following elements for a prima facie case of employment discrimination:» (1) the plaintiff is within the protected class; (2) the plaintiff's performance of her job duties met the employer's legitimate expectations; (3) the plaintiff was terminated; and (4) the employer sought a replacement for the plaintiff.»

Thus, the court held that Spath established a prima facie case of employment discrimination.

In Benson v. Northwest Airlines, Inc., the Eighth Circuit reversed summary judgment as it found the plaintiff (1) made a prima facie case that he was able to perform the essential functions of his position, and (2) created a genuine issue of fact as to whether the airline had an existing vacant position which he could have filled.

Regarding indirect discrimination: (1) the plaintiff must show a prima facie case of discrimination; (2) the defendant may rebut the claim with proof of legitimate, non-discriminatory business reasons for his actions; and (3) a plaintiff may show that the reasons were pretextual.

The court observed that a prima facie case of discrimination required Spath to show that: (1) she was «disabled» under the ADA; (2) she was qualified, with or without reasonable accommodation, to perform the functions of her job; and (3) Berry discriminated against her in regard to advancement, discharge, compensation, or other terms of employment.

Further, the court found that even if Harmer presented a prima facie case, VEPCO had legitimate, non-retaliatory reasons for promoting the person who eventually took the position.

First, a plaintiff must prove a prima facie case of discrimination.

The court stated that even assuming that Harmer established a prima facie case, he was not able to show that VEPCO's reasoning for reducing his purchasing authority was pretextual.

Further, «where a real estate broker has an exclusive listing and has established that the property described in the listing agreement has been sold, a prima facie case is established for a commission upon the entire sales price.»

The court added that a broker makes a prima facie case of procuring cause when he shows that negotiations for the sale were begun through his efforts, that he performed every service required by his employment which it was possible to perform, and that the failure on his part to personally consummate the transaction was due to the interference of the defendant.

Satisfy the Registrar that there is a prima facie case that the native title rights and interests can be established.

Once the petitioner makes a prima facie case that the court's order has not been followed, the burden of showing that the failure to follow the order was not the respondent's fault lies with the respondent.

The Committee, having taken note of the explanations provided by the delegation, invites the State party to envisage regulating the burden of proof in civil proceedings involving racial discrimination so that once an alleged victim has established a prima facie case that he or she has been a victim of such discrimination, it shall be for the respondent to provide evidence of an objective and reasonable justification for differential treatment.

Clare Montgomery and Helen Mountfield, barristers from Matrix chambers, concluded in a formal opinion that there was a «prima facie case» that Vote Leave submitted an inaccurate spending return and colluded with BeLeave, which was aimed at students.

On the appeal in the Superior Court of Justice, the appeal judge held that Andrew Noseworthy, the Chief Executive Officer of Capcorp, established a prima facie case that planholders — individual owner / managers — could not obtain insurance coverage for the same risks covered by the HWP.

The court held that the appeal judge's error in finding that Capcorp's evidence constituted a prima facie case that rebutted the assumptions underlying the Minister's assessment followed from the judge's error in interpreting the term «unfunded benefits plan» under s. 1 (1) of the Act.

Rubin writes that this is an issue of fact, but that the trial judge should have determined whether Dickinson could establish a prima facie case of prevailing.

To establish this prima facie case would require the tribunal to consider not only evidence of a difference in status and treatment but also the reason for the differential treatment and evidence produced by the respondent contesting the complaint.

Since the employee could establish a prima facie case of discrimination by proving that a) she had, or was perceived to have, a disability, b) she received adverse treatment, and c) her disability was a factor in the adverse treatment, the employee's allegation that the employer discriminated against her on the basis of disability when they terminated her employment was upheld.

The term that first caught my attention was the hybrid Latin / English «prima facie case».

One does not want to have to explain «presumption» or «consideration» or «prima facie case» (though Ontario stopped using that expression, and all Latin, in its statutes 25 years ago)-- one wants just to get on with the argument.

Furthermore, the tribunal found that the employee established a prima facie case of discrimination against CIDA.

The majority at the Court of Appeal below conceded «either position is arguable», which was an acknowledgment that the Crown had not shown a strong prima facie case of criminal contempt.

Despite finding that an employee made out a prima facie case of discrimination on the ground of disability, the Court found that the employer's failure to meet its procedural duty to accommodate was not improper since any accommodation would have resulted in undue hardship.

The standard that must be reached is the same as that developed by the case law — the shareholder must have a prima facie case on the merits to obtain leave.

However, safeguards have been introduced to protect directors from ill - founded claims, the main one being that shareholders will need to obtain the court's consent to continue a claim by showing that they have a prima facie case.

This is not a prima facie case as required of the claimant by the guidance in Wong v Igen Ltd..

She held that the prosecution was precluded by TA 1968 and that there was no prima facie case of blasphemous libel.

But even that evidence would not have justified a finding of a prima facie case of damage to society or of risk of civil strife.

In like manner, the Federal Court of Appeal had no trouble finding that both complainants were able to make out a prima facie case where alleged workplace discrimination existed on the prohibited ground of family status.

The main issue is whether the employer terminated Mr. Stewart because of his addiction (raising aprima facie case of discrimination), or whether the employer terminated him for breach of the Policy prohibiting drug use unrelated to his addiction because he had the capacity to comply with those terms (not raising a prima facie case of discrimination).

The Court decided that the Alberta Human Rights Tribunal erred in finding that the employee established a prima facie case of discrimination when the evidence could not reasonably support the conclusion that the employee suffered from a disability or a perceived disability requiring accommodation... [more]

The rulings confirm that child care obligations fall under the scope of family status under the Canadian Human Rights Act, and clarify the test for meeting a prima facie case of discrimination on the prohibited ground of family status.

In reply to counsel's attempts to override privilege on Cox and Railton terms, Munby J replied (he quotes himself in his judgment): «I am sorry, that is the world of Humpty Dumpty... It is for plaintiffs to establish their case, or at least to put forward a prima facie case.

That was enough to dispose of the application, but his lordship also went on to consider the district judge's finding that there was no prima facie case that the essential ingredients of the offence charged were present.

It also agreed that in deciding whether the employee had raised a prima facie case that a complaint was part of a continuing act, «it might be advisable for oral evidence to be called».

The court used a four - part test to determine whether a complainant has presented a prima facie case of discrimination on the prohibited ground of family status:

In Texas, I believe speeding is considered a Class C criminal offense (rather than a civil offense as in most absolute states); hence, they have to build the prima facie case against you and prove it beyond reasonable doubt.

Certainly, this Court may assume that trial judges, in supervising voir dire in light of our decision today, will be alert to identify a prima facie case of purposeful discrimination.

To rebut a prima facie case, the Court requires a «neutral explanation» for the challenge, but is at pains to «emphasize» that the «explanation need not rise to the level justifying exercise of a challenge for cause.»

The standards for assessing a prima facie case in the context of discriminatory selection of the venire have been fully articulated since Swain.

For reasons that follow, we reject this evidentiary formulation as inconsistent with standards that have been developed since Swain for assessing a prima facie case under the Equal Protection Clause.

It held that litigants seeking to subpoena websites to determine the identities of anonymous posters must first (1) give notice of the subpoena to the posters (through the website) so the posters can fight the subpoena; and (2) establish a prima facie case of defamation on par with that necessary to defeat an anti-SLAPP motion.

We have confidence that trial judges, experienced in supervising voir dire, will be able to decide if the circumstances concerning the prosecutor's use of peremptory challenges creates a prima facie case of discrimination against black jurors.

These principles support our conclusion that a defendant may establish a prima facie case of purposeful discrimination in selection of the petit jury solely on evidence concerning the prosecutor's exercise of peremptory challenges at the defendant's trial.

Urbisci v. 2388095 Ontario Ltd. (2018 ONSC 2678) audited financial statements — shares — prima facie case of oppression — corporation — inspector Justice R. Ryan Bell

As to whether a prime facie case had been made in this case, Member Richardson considered the four - part test set out by the Federal Court of Appeal in Johnstone and noted the following with respect to the criterion that, «the childcare obligation at issue engages the individual's legal responsibility for that child, as opposed to a personal choice»:

A study of eviction court conducted in 2002 by the Lawyers» Committee for Better Housing, Inc. (LCBH) and Chicago - Kent College of Law concluded that tenants were at a disadvantage, as evidenced by the court's failure to require the landlord to establish their prima facie case for eviction.