Not exact matches
The ACCC and Coles have made
joint submissions to the Federal
Court seeking consent orders from the
Court.
Notwithstanding the fact that the other plaintiffs had acknowledged that they were jointly and severally liable for anything for which the
Joint Venture might be liable, the
court did not accept the defendant's
submission that the
Joint Venture itself ought
to be removed as being unnecessary with Justice Griffin stating:
Attached hereto as Exhibit B are the
joint submissions of CCD and CACL, in support of their position, should this
Court allow their motion
to intervene.
Meerai Cho pleaded guilty in Ontario provincial
court Wednesday
to one count of criminal breach of trust and was sentenced on a
joint submission with the Crown, according
to her lawyer, William Trudell.
The vast majority of defence counsel will recommend it
to a client because a
joint submission would certainly be accepted by the
court as falling «within the range» that would then insulate the disposition from hostile appellate intervention.
In this case, the
Court of Appeal upheld the decision of a sentencing judge
to reject a
joint submission for a two year sentence for an accused convicted of impaired driving causing death and upheld the sentence imposed of two years and eight months; noting, however, that a sentence of no less than four years ought
to have been imposed: R v Gibson, 2015 ABCA 41 (CanLII).
In short both parties plead guilty
to the offence and
joint submissions (ie a plea bargain) were made which the
Court accepted.
The matter was further appealed
to the Supreme
Court of Canada (hereinafter SCC)
to clarify the test
to be used by a sentencing judge in departing from a
joint submission on sentence.
Or if a prosecution was in the SFO's opinion necessary this could be confined
to a limited part of the suspected criminality and there would be potential for a
joint submission on sentence
to the
court.
As this
Court said in R. v. Nixon, 2011 SCC 34 (CanLII), [2011] 2 S.C.R. 566, not only do
joint submissions «help
to resolve the vast majority of criminal cases in Canada», but «in doing so, [they] contribute
to a fair and efficient criminal justice system» (para. 47).
The Alice case induced a long list of companies
to file briefs, including a
joint submission from a group of tech companies — including Google (s goog), Amazon (s amzn), Facebook (s fb) and Netflix (s nflx)-- that are rivals in the marketplace, but that have come together
to ask the Supreme
Court to squash abstract software patents.