Sentences with phrase «if appellant»

In observing that Lori was openly hostile toward and alienated from her mother, one expert also noted that Lori made statements glorifying her father, a pattern of polarization which could very well develop in Jaime if appellant is granted custody of both children.»

Further, even if the appellant's contention was technically correct, r. 49.13 permits a court to consider any offer to settle made in writing in exercising its discretion with respect to costs.

(5) If the appellant's rights under s. 2 (b) of the Charter were violated, was the violation justified under s. 1 of the Charter?

Practical difficulties would arise if the appellant's case were accepted.

The chambers judge found that if the Appellant were correct in his interpretation of the Code, an employee could only complain of discrimination if the discrimination came from another employee of the same employer, or that employer.

At trial the former girlfriend had said in evidence that if the appellant did not take his medication he was liable to snap at any time; that he became aggressive for no reason at all and would shout at her and their child — but that he had never been violent.

If the appellant missed the deadline for filing a notice of appeal or application for leave to appeal

So, if the appellant has a decision of the Court of Queen's Bench for Saskatchewan or of the Automobile Injury Appeal Commission made under The Automobile Accident Insurance Act, then the appellant has a right to appeal that decision to the Court of Appeal on a question of law within 30 days of the date of the decision.

If the appellant did not have an automatic right of appeal but was given leave to appeal, he or she must serve you with a notice of appeal in Form 1a within 10 days after the date of the order granting leave to appeal.

If an appellant can not figure this out on his or her own, he or she will have to ask a lawyer for help.

The respondent is able to pay monthly support and if the appellant receives some monthly support from the respondent, both parties would be able to have a lifestyle similar to the pre-separation standard.

In certain circumstances payment of the court fee may be deferred if the Appellant's solicitors are operating under a CFA which imposes the liability to pay the court fees on the Appellant personally and the solicitor confirms that the Appellant would be eligible for fee remission and provides the necessary supporting evidence.

And the fact is, appeals often are successful and achieve meaningful relief from adverse trial results, especially if the appellant is careful in its selection of the issues for appeal.

If an appellant has applied for public funding, the Registrar must be informed in writing within the original 28 or 42 day period that public funding has been applied for.

Its reason for doing so was that if the officer was required to testify in a case that he might bring against the Appellant, his testimony will be at risk if the Appellant sought disclosure of the unproven allegations.

He said at para. 31: «The evidence demonstrated it is more likely than not that even if the appellant had lived up to the standard of care, the respondent would have lost her leg» and at para. 36: «In view of the evidence I have reviewed, and in view of the respondent's concession that there was no evidence to suggest that it was more than likely a better outcome would have followed had the appellant acted with care, the trial judge's finding reveals either a misapprehension as to the law or a palpable and overriding error on the facts.»

In settlement discussions, trial Crown had offered to recommend a conditional sentence on a guilty plea «if the appellant provided an induced statement indicating certain evidence he had given in pre-trial proceedings was false and his trial counsel knew it was false».

So if an appellant doesn't raise an issue, it doesn't mean there would have been no merit.

If an appellant has permission to appeal, it is wrong to impose a condition that has the effect of preventing him from bringing it or continuing it.

He did note that if the appellant had possessed greater familiarity with court procedure, that could have led to a different result, but this was not seen as an error attributable to the trial judge:

If the appellant's contention were correct, it would follow that the mere fact that the use of computers is prescribed to perform the calculations prescribed in the specifications, would have the effect of transforming into patentable subject - matter what would, otherwise, be clearly not patentable.

If an appellant has permission to appeal, it is wrong to impose a condition...

This ensured that if the appellant was successful on appeal, a new ground of refusal on an ARC application would not delay the unification of the family in Canada.

«Of course if the appellant had been lured to the police station by some trick or deception or if the police officers had behaved oppressively towards the appellant, the justices» jurisdiction to exclude otherwise admissible evidence... might come into play.»

The Court reasoned that if the appellant were to maintain an ongoing ownership interest it would in effect «nullify the termination provision in the JVA, or at least make the termination meaningless.»

If the appellant has not ordered transcripts of hearings that you think are necessary, you must file and serve on the appellant a list of the additional hearings that need to be included.

«Requiring the banks to pay treble damages to every plaintiff who ended up on the wrong side of an independent Libor ‐ denominated derivative swap would, if appellants» allegations were proved at trial, not only bankrupt 16 of the world's most important financial institutions, but also vastly extend the potential scope of antitrust liability in myriad markets where derivative instruments have proliferated,» the U.S. Court of Appeals in New York said in the ruling.A U.S. appeals court on Monday revived private antitrust litigation accusing major banks of conspiring to manipulate the Libor benchmark interest rate, in a big setback for their defense against investors» claims of market - rigging.

Not exact matches

If the appeal is filed within 90 days, DOCR will write to the appellant acknowledging receipt of the appeal.

The injunction wording had the potential to limit the appellant's access to Provincial and Supreme Court if legally required to attend (e.g. in criminal proceedings.).

concurring), if they would have granted a stay of the appellant's conviction if he had rushed into your court or office, in a manner that made you believe that your life was being threatened with a gun.

The judge also instructed the jury that they could disregard the appellant's alibi if they felt it was fabricated.

[33] The appellant also argued that even if damages were recoverable for the respondent's diminished ability to care for her husband, as not too remote, as they were in Lynn, they would be recoverable under the heading of non-pecuniary damages and not as damages for loss of future care.

But I agree with the trial judge that if the Legislature had intended to limit the scope of the words «sufficient reason» to the extent suggested by the appellant, it could readily have done so.

A miscarriage of justice occurs if the ineffective representation either: a. Sufficiently undermines the reliability of the verdict · the reliability of a verdict is sufficiently undermined if the appeal court concludes that there is a reasonable probability that the verdict would have been different had the appellant received adequate legal representation.

The appellant argued that his deportation would be contrary to his right to family life under ECHR, art 8 and would amount to unlawful discrimination under art 14, as he would not have been liable to deportation if he had not been illegitimate.

If you are the party that requests review of the lower court's or agency's decision, you are the «appellant.»

You may file a supplemental printed case if necessary to direct the court's attention to parts of the record not included in the appellant's printed case.

If you are the appellee, your brief should contain the same elements as the appellant's brief but does not need a statement of the case (see V.R.A.P. 28 (b) at Lexis Nexis).

If you are the appellant, your brief must contain a statement of the issues, a table of contents, a table of cases, a statement of the case, an argument, and a conclusion with the relief you want (see V.R.A.P. 28 (a) at Lexis Nexis).

If the opposing party in your case appeals a final ruling of a trial court or agency or board, that party is the «appellant» and you are the «appellee.»

Justice Wagner: «The appellant argues that the broad exclusion clause in the accident insurance contract to the effect that the insurer will pay no benefits if an accident occurred while the insured was participating in an indictable offence may be set up against the heirs of the insured.

The appellants would be effectively stripped of a remedy if the courts were to impose upon them, at this stage, the burden of showing a prima facie case.

If you look at the BBC's news website, the headline item is the Khadr interrogation video released as a result of Minister of Justice, Attorney General of Canada, Minister of Foreign Affairs, Director of the Canadian Security Intelligence Service and Commissioner of the Royal Canadian Mounted Police Appellants v. Omar Ahmed Khadr Respondent — and — British Columbia Civil Liberties Association, Criminal Lawyers» Association (Ontario), University of Toronto, Faculty of Law — International Human Rights Clinic and Human Rights Watch Interveners, in which the court held that

It was contended on behalf of the appellant that the law relating to the offence of outraging public decency had developed in such a way that the offence was confined to those instances where the necessary lewd act had been witnessed by at least one person, and the public nature of the offence was only satisfied if, in addition, at least one other person either had or could have seen the act.

In the 5 - 3 Supreme Court decision in Rilling nearly four decades ago, even if a demand for a breath sample is not made on reasonable grounds, «that breath evidence still applied if the accused complied,» says Michael Welsh of Mott Welsh & Associates in Penticton, B.C., who represented the appellant in the case.

But in circumstances where the appellant accepted the invitation to participate in an oral hearing before the first reviewer, and in the absence of any evidence to suggest that he would have responded differently if invited to attend a further interview before the second respondent, I would infer that it is more likely than not that the appellant would have sought an oral hearing before the second respondent if he had been told that the first reviewer by whom he was originally interviewed had been replaced (pars.

The Bill (cl 26) amends the Criminal Appeal Act 1968 by providing that «a conviction is not unsafe if the Court of Appeal are satisfied that the appellant is guilty of the offence».

But the parties were agreed that when counsel for the secretary of state was making submissions in the Inner House on the appropriate remedy she had conceded that the appellant would be granted indefinite leave to remain if the court were to decide to restore the decision of the adjudicator.

If in this case, the appellants had, either in their notice or in the bills or otherwise, made clear that the amount claimed was only part of their claim to costs and that they would be claiming later in respect of the work of RJH; and the agreement was that the respondents would pay a sum in respect of the costs claimed, recognising that the costs in respect of RJH were still to be dealt with, the appellants would not be prevented from making a claim in respect of those costs.

So if I press F11, I get appellant, but if I press shift + F11, I get Aappellant, but if I press shift + F11, I get AppellantAppellant.