Sentences with phrase «hearing an appeal under»

After hearing an appeal under section 69, the court may confirm the award; vary the award; remit the award to the tribunal, in whole or in part, for reconsideration in the light of the court's determination; or set aside the award in whole or in part.

An employment tribunal hearing an appeal under the Health and Safety at Work Act...

An employment tribunal hearing an appeal under the Health and Safety at Work Act 1974, s 24 by a person on whom a prohibition notice had been served is entitled to take into account all the available evidence relevant to the state of affairs at the time of the service of the prohibition notice, including information coming to light after it was served.

Not exact matches

«Judge Doty's order did not contain any determinations concerning the fairness of the appeals process under the CBA, including the commissioner's longstanding authority to appoint a designee to act as hearing officer.

Giving the lead judgement, master of the rolls Lord Dyson found the rules governing the appeals process under fast - track were «systemically unfair and unjust» because «the time limits are so tight as to make it impossible for there to be a fair hearing of appeals in a significant number of cases».

We entreat those leaders to act now, to urge Dr. Sen's immediate release on bail, and insist that this time his appeal is heard without delay under the highest standards of Indian law.

The U.S. Court of Appeals for the Fifth Circuit has ruled that a school district's failure to provide tenured public - school teachers with a hearing prior to dismissal violates the teachers» due - process rights under the 14th Amendment.

The U.S. Supreme Court declined last week to review a federal appeals court's ruling that a Texas teacher who resigned under pressure should have been granted an administrative hearing before his resignation took effect.

The other procedural safeguards - parents» rights to mediation, administrative hearings, and judicial appeal, and their right to recover attorneys» fees - are necessary to ensure that the systemic problems under the other IDEA principles can be remedied.

• School Expansion, Growth & Strategic Planning • State and Federal Employment Law • School Board and Nonprofit Governance • Administrative Law & Appeals of State and Federal Agency Decisions and Actions • Special Investigations & Legal / Compliance Audits • Policy Guidance and Development • Constitutional Challenges and Claims • School Employee and School Board Training • Litigation in Federal and State Courts • Administrative Hearings and Appeals Before State and Federal Agencies • Public Entity Purchasing and Procurement; Business Transactions; & Contract Negotiation, Review and Drafting • Construction Law, AIA Construction Contracts, Review and Drafting • Real Estate Transactions and Condemnation • Special Education under IDEA and Section 504 • Student Rights & Discipline Issues and Hearings • State and Federal Claims of Discrimination • State and Federal Civil Rights • Administrative Grievances and Hearings • False Claims Act / Qui Tam Defense for Local Government Entities

In June, California's Fourth District Court of Appeal ruled that a charter school student was not entitled to the evidentiary hearing required under Education Code section 48918 before being dismissed from a charter school for bringing a knife to school and threatening a fellow student (Scott B. v. Orange County High School of Arts 217 Cal.App.4 th 117 (Cal.App.

Legal The 9th Circuit Court of Appeals will hear arguments today on whether a negotiated 2001 deal DC Comics should prevent the daughter of Superman co-creator Jerry Siegel from reclaiming his portion of the rights to the Man of Steel under a provision of U.S. copyright law.

Meanwhile, earlier this month, the Federal Court of Appeal agreed to hear an appeal by air passenger rights advocate Gabor Lukacs over whether the CTA has the jurisdiction to permit NewLeaf to operate without a licence, arguing that other companies that have operated under similar business models have been required to hold licAppeal agreed to hear an appeal by air passenger rights advocate Gabor Lukacs over whether the CTA has the jurisdiction to permit NewLeaf to operate without a licence, arguing that other companies that have operated under similar business models have been required to hold licappeal by air passenger rights advocate Gabor Lukacs over whether the CTA has the jurisdiction to permit NewLeaf to operate without a licence, arguing that other companies that have operated under similar business models have been required to hold licences.

He doesn't expect the court to hear the appeal until at least the fall, but urged that passengers need to be cautious while the case is still under review.

He and nine of his colleagues, who sit on the U.S. Court of Appeals for the District of Columbia Circuit, were hearing arguments about whether the Obama administration's signature domestic climate policy passes muster under the Clean Air Act and the Constitution.

Sets forth the Office's duties, including authorizing the Office to represent the interests of energy customers, and appeal on behalf of such customers, on matters concerning rates or service of public utilities and natural gas companies under FERC's jurisdiction at specified hearings.

The hearing Tuesday was an appeal to a judge denying National Review and CEI's motion to dismiss the lawsuit under D.C.'s Anti-SLAPP Act, which is designed to prevent costly defamation lawsuits that are destined to fail.

(The CPP is now under review by the Court of Appeals for the District of Columbia Circuit, with a hearing set for June 2.)

This week, the Supreme Court of Canada will hear five appeals including a number of significant cases that will determine the rights of the Crown to «take up» Aboriginal lands under treaty; the right of public - sector workers in Saskatchewan to strike; and the extent of solicitor - client privilege as it pertains to money laundering laws.

On appeal, the Austrian Oberster Gerichtshof (OGH) asked the Court which criteria are to be used to determine jurisdiction under Article 5 (3) to hear an action relating to an alleged infringement of a trademark through the use of a Google AdWord on the website operating under a top - level domain different from that of the Member State where the trademark is registered...

Ontario Provincial Police investigation records from a civil case in the 1990s left out of school information files ahead of compensation hearings under the Indian Residential School Settlement Agreement are at the centre of an appeal filed last week.

At the appeal hearing, Teggart contended further that his rights under Arts 8, 9 and 10 of the European Convention on Human Rights (Convention) had been violated.

Barring a legal defect, he found insurers with cases involving awards under $ 100,000 were the most likely to avoid appealing or later abandon it, and those that reached hearings tended to be upheld.

Brady, through the Association, appealed the suspension and the Commissioner exercised his discretion under the CBA to act as the hearing officer (arbitrator).

Court of Appeal hearing due April 2016 — in the light of the April 2015 pension flexibilities, this is an important forthcoming decision on whether trustees in bankruptcy can oblige bankrupt individuals to access DC funds under the new flexibilities, to enhance creditors» returns.

[6] To provide some guidance to the profession, this court convened a five - judge panel to hear five appeals from decisions under the amended rule.

«The government clearly heard our perspective and adopted a balanced approach: There will be limited patent - term extensions in specified circumstances and a so - called «right of appeal» for brand - name manufacturers in applications under the Patented Medicines (Notice of Compliance) Regulations.»

The most highly publicized appeal will be of Gerard Comeau's successful bid to have charges against him dropped under New Brunswick's Liquor Control Act, for exceeding limits of alcohol brought over provincial borders; the Crown's appeal in the case will be heard over two days.

In its decision, the appeal court found that the section only applied to exclude other courts in B.C. from hearing matters under the act, and not other courts worldwide.

In addition to providing an overview of new accident benefits arbitration process under the License Appeal Tribunal (LAT), which came into effect on April 1, 2016, Michelle will share valuable anecdotal discussion of what counsel have experienced so far on both sides, such as evidentiary and production issues at the case conference stage and before a hearing, what evidence adjudicators are looking for or emphasizing, the format of the hearing (written, oral, hybrid), witness issues, etc..

The scheme for prosecution appeals under s 58 of the Criminal Justice Act 2003 is that proceedings in the court below stand adjourned pending the hearing of the appeal, and the ruling is to have no effect pending the outcome of the appeal.

CFSA at s. 69 (1) 4 states that the Lieutenant Governor in Council may make regulations governing appeals under section 12; furthermore, section 69 (3) states that such a regulation may «designate of establish the person or body to hear the appeals».

I take from this that the Court of Appeal for Ontario is generally open to allowing the greater use of electronic documents within appeals, provided practices with respect to the use of electronic documents develop carefully, and — where the practice is a marked changed from the norm — under the vigilant eye of the court so that fairness and the proper hearing of an appeal are asAppeal for Ontario is generally open to allowing the greater use of electronic documents within appeals, provided practices with respect to the use of electronic documents develop carefully, and — where the practice is a marked changed from the norm — under the vigilant eye of the court so that fairness and the proper hearing of an appeal are asappeal are assured.

(2) An appeal under subsection (1) shall be heard as soon as practicable after the appellant perfects the appeal.

(3) The designated tribunal shall hear and determine an appeal under this section, and, for that purpose, it has the powers and duties set out in the regulations.

(16) Any party to a hearing before the Tribunal under this section may appeal from its decision or order on a question of law to the Divisional Court in accordance with the rules of court.

We regularly represent clients in the U.S. Court of Federal Claims (COFC), the U.S. Court of Appeals for the Federal Circuit, Boards of Contract Appeals, agency hearings, arbitration panels and various state or local tribunals in connection with claims and performance disputes, bid protests, SBA size and status protests and civil fraud under the False Claims Act and Anti-Kickback Act.

British Columbia's judges can not preside over out - of - province hearings but may use video conferencing to connect with B.C. courtrooms from afar, under an appeal court ruling.

The Court of Appeal also held that the Bank did not owe a duty of full and frank disclosure at the hearing before the Commercial Court, and whilst it was under a duty not deliberately to mislead the Court, it had not breached that duty.

The Court's jurisdiction includes the hearing of appeals from assessments under the Income Tax Act, the Excise Tax Act (Goods and Services Tax «GST»), the Employment Insurance Act and the Canada Pension Plan, among others.

The Court of Appeal held that the test for dismissing an action at a status hearing under Rule 48.14 (13) is NOT the same as the test for dismissing an action under Rule 24 (also a rule permitting dismissals for delay, but on the defendant's motion).

(a) The Claimants» case on the point at the hearing was made by reference to a Dubai Court of Cassation decision (Central Bank of Sudan v Africa Alpha Capital 1 Co Ltd, Appeal no 480/2012 Commercial, where the defence was put forward that the court lacked jurisdiction under the Vienna and Riyadh Conventions because the Bank was a «public venture forming a part of the government entities of the Republic of Sudan that enjoys immunity from judicial proceedings and is not subject to the jurisdiction of the State Courts».

26 (1) A party to the hearing before the Superior Court of Justice under section 25 may appeal from the decision to the Divisional Court.

(3) Sections 109 (constitutional questions), 125, 126 (language of proceedings), 132 (judge sitting on appeal), 136 (prohibition against photography at court hearings), 144 (arrest and committal warrants enforceable by police) and 146 (where procedures not provided) also apply to proceedings under the Provincial Offences Act and, for the purpose, a reference in one of those sections to a judge includes a justice of the peace presiding in the Ontario Court of Justice.

(2) Sections 109 (constitutional questions) and 123 (giving decisions), section 125 and subsection 126 (5)(language of proceedings) and sections 132 (judge sitting on appeal), 136 (prohibition against photography at court hearing) and 146 (where procedures not provided) also apply to proceedings under the Criminal Code (Canada), except in so far as they are inconsistent with that Act.

Hugh Mercer QC appeared as counsel for the Ministry of Justice on the issue of whether the Supreme Court had jurisdiction to hear an appeal against a refusal to enforce a Romanian judgment under the Brussels II Revised Regulation.

On a final note, the Samson decision is under appeal, and was scheduled to be heard in January, 2013.

(2) A motion in the Court of Appeal and an appeal under clause 6 (1)(c) shall be heard and determined by one Appeal and an appeal under clause 6 (1)(c) shall be heard and determined by one appeal under clause 6 (1)(c) shall be heard and determined by one judge.

137.3 An appeal of an order under section 137.1 shall be heard as soon as practicable after the appellant perfects the appeal.

As reported in the written decision of the Law Society Hearing Panel (which decision is under appeal by the applicant), the applicant threatened to sue the other board members for defamation after he was removed as President of the condo corporation and a notice of his removal was posted; circulated a letter (under a false name) on some floors within the building that falsely stated that some of the board members had previously gone bankrupt, had criminal convictions and were accepting bribes and free meals from the developer of the condominium to settle deficiencies with the developer; made a derogatory remark about some of the residents based on their ethnicity; threatened to report some of the directors to US / Canada border officials, falsely alleging that they were drug smugglers; threatened both the corporation's property manager and security services firm that their contracts with the condo corporation would be in jeopardy if they did not provide a character letter to the applicant.