But
a judge dismissed the application citing the council's «serious failures to comply with the rules».
The trial
judge dismissed their application, finding that the bylaws were in compliance with the open meeting requirement in s. 239 of the Municipal Act, 2001, did not violate s. 91 (24) of the Constitution Act or s. 2 (b) or s. 15 of the Charter of Rights and Freedoms, and were not passed in bad faith.
New Brunswick (Minister of Social Development) v. N.S. et al. 2013 NBCA 8 Evidence — Opinion evidence — Expert evidence — General — Qualifications and declaration that a witness is an expert An application
judge dismissed the application by the Minister of Social Development for an order of guardianship of N.S.'s children.
The trial
judge dismissed an application after the conviction, seeking to strike down the five - year minimum for attempted murder with a weapon.
An Ontario Superior Court
judge dismissed an application last month by the local humane societies that were seeking to regain voting rights and their power to investigate animal cruelty, finding in favour of the OSPCA.
The application
judge dismissed the application and found that an Insurer must provide a «justification» to compel a claimant to attend an EUO.
Random drug testing on TTC employees will begin later this month after
a judge dismissed an application from the transit workers» union for an injunction — read more...
The Appellant brings an application seeking a declaration to this effect but the Application
judge dismisses the application and holds that Bear Creek is a navigable stream.
The Provincial Court
judge dismissed the applications and an appeal to the Court of Queen's Bench was also dismissed.
The chambers
judge dismissed the application.
The trial
judge dismissed the application to exclude evidence.
Not exact matches
The embattled
judge is arguing before the court that «despite the pendency of these two
applications before this Court, [Justice Torkonoo] in outright disrespect of this Court caused a hearing notice to be served on me to appear before her on 3rd December, 2015, for the hearing of the same contempt
application which [she] had already dealt with on the 28th and 29th September, 2015 and
dismissed.»
The Court of Appeal
Judge sitting as an additional High Court judge, dismissed the application for contempt on September 28 even though the case was originally scheduled to be heard on October 12,
Judge sitting as an additional High Court
judge, dismissed the application for contempt on September 28 even though the case was originally scheduled to be heard on October 12,
judge,
dismissed the
application for contempt on September 28 even though the case was originally scheduled to be heard on October 12, 2015.
The trial
judge, Justice Okon Abang,
dismissed his
application as lacking in merit, and upheld the statutory powers of the EFCC to investigate him.
But the trial
judge after hearing the arguments of both parties
dismissed the
application with Honeywell Group's lawyer, Bode Olanipekun, consequently praying the court to continue the hearing of the suit with the defendant (Ecobank) opening its case.
However, in his appeal marked CA / A / 451C / 2018, Metuh said the trial
judge «manifested obvious bias» against him by failing to exercise his discretion judicially and judiciously when he
dismissed his
application based on «imaginary facts».
A court
dismissed two
applications made against members of the camp, with the
judge accusing the council of «serious failures to comply with the rules».
Dasuki to Appeal Judgement on Unlawful Detention...
Judge Says EFCC is Different from DSS A Federal Capital Territory High Court has
dismissed an
application brought before it by former National Security Adviser (NSA), Sambo Dasuki.
It would be recalled that Justice Babatunde Quadri had on July 7
dismissed an
application by the former governor requesting that the trial be returned to former trial
judge, Justice Adeniyi Ademola.
This appeal raises the issue of whether a trial
judge erred in
dismissing an
application to sever.
A Quebec
judge will not have his day in court after the Supreme Court of Canada
dismissed his
application for leave to appeal last week in a case where he was accused of judicial misconduct.
The Court of Appeal
dismissed an
application for permission to appeal and reinforced the trial
judge's comments about the misleading nature of the applicant's evidence.
The
Judge in the Court of First Instance
dismissed the Defendants»
application and found in favour of the Bank.
Addario argued Crown attorneys have a lot of control over the pace of trials, because they can ask a
judge to
dismiss frivolous defence
applications, can draft shorter indictments, vet witness lists, skip a preliminary hearing by drafting a direct indictment, refuse to bring
applications to protect confidential informants or to introduce «hearsay» evidence, and could organize disclosure in easily searchable electronic format.
Justice McIsaac held that under these circumstances
application for recusal should be
dismissed — a
judge does not become automatically disqualified from presiding over the subsequent trial of an accused where he or she has conducted a pre-hearing conference.
Not so long ago in a courtroom not quite galaxies far away, Singaporean
Judge Vinodh Coomaraswamy anonymised his 76 - pages of reasons for
dismissing an
application to reject a tribunal's decision by inserting various names and locations from the popular franchise.
The Court of Appeal for British Columbia has
dismissed an
application asking for a rare order that a trial
judge provide a report on his reasons for conviction of a man for dangerous driving causing death, just because he erred in saying «right» when it should have been «left» in his review of the evidence.
On 10 January 2007, District
Judge Cooke
dismissed the trustees»
application stating that the circumstances of the case did not fall within IA 1986, s 339.
Lord Kerr and Lord Wilson conclude that there was no basis for the presumption and, accordingly, the
judge erred in
dismissing the appellant's
application relying on that observation.
The Trial
Judge dismisses Horizon's
application; refuses to «read in» a cap or maximum quantum of damages available in the court action.
The Court of Appeal held that the
Judge could not be faulted for having
dismissed Khrapunov's
application on the ground of delay, and that meant that his appeal should be
dismissed.
The
judge hearing the
application dismissed it on the basis that, among other things, s. 52 of the MA Act conflicted with the terms of the RTA by virtue of the fact that the RTA states that a tenancy may by «terminated only in accordance with this Act.»
Both the first instance
judge and the majority of the Alberta Court of Appeal
dismissed most of the applicants» requests, without considering the merits of the
application, based on abuse of process and lack of public interest standing.
The Chambers
Judge dismisses the Appellant's summary judgment
application and concludes the entire matter could be
dismissed on a summary basis.
That
application was
dismissed because the chambers
judge found that the case was not suitable for determination by summary trial given the credibility issues.
The Court of Appeal concludes the
Application Judge made no error; Mr. Bourgeois» appeal is
dismissed with further costs payable to the respondent in the amount of $ 6,000, including disbursements and HST.
On appeal, the ONCA agreed with the reasoning of the
application judge and
dismissed the appeal.
Dismissing the appeal, the Privy Council have decided that, whatever the position as regards the generality of TCI
judges, Justice Harrison's appointment was sufficient for objective independence, and that the standard of proof has no
application to interlocutory
applications not bearing on guilt or innocence, unless there is a specific factual precondition.
The trial
judge dismissed the defendants»
application seeking disclosure of the settlement amounts, on the basis that the settlement amounts were covered by settlement privilege.
The District
Judge hearing the matter applied the welfare principles to the facts of the case and
dismissed the Father's
application on the basis that a return to Kent and potential return to the North East thereafter would be too disruptive for the child and further that there were concerns about the welfare of the Mother if she were to return to Kent in light of her allegations concerning the Father's behaviour and her medical condition.
A Master
dismissed that
application, but on appeal the chambers
judge allowed the
application and
dismissed the action.
The chambers
judge dismissed Mr. Khadr's habeas corpus
application, but the C.A. allowed his appeal, granted his habeas corpus
application and ordered his transfer to a provincial correctional facility.
Applying the C.A.'s 2012 decision in Sharma v. Timminco, 2012 ONCA 107, the motions
judge dismissed the leave
application and the statutory action as time - barred.
In the case of R.V., a man convicted of sexually assaulting his cousin when their families were camping together for the Canada Day long weekend, Ontario Court
Judge Robert Gee
dismissed the defence
application last month to stay the charge due to unreasonable delay.
After a half - day hearing
Judge Thornton QC appeared to issue a judgment
dismissing the
application and giving directions for a speedy trial.
The
application was
dismissed by the trial
judge.
In the above decisions, the
judge granted the
applications to
dismiss the case for delay and prosecution and
dismissed the actions.
The
application judge accepted the argument of the respondent that the
application had to be
dismissed on the ground that the
application was not properly brought under rule 14.05 because the request for a mandatory order was not ancillary to a claim for relief.
(1) Did the
application judge err in
dismissing the
application to have the insured's initial certificate declared null and void?
(paras. 1, 2 - 7) In January 2017,
Judge Danièle Tremblay - Lamer
dismissed the
application, stating that «[t] he role of the Court is not to pass moral judgment on the Minister's decision to issue the export permits but only to make sure of the legality of such a decision».