Sentences with phrase «judge hearing the application»

If a client does not want to be represented by a particular counsel, the court can not force that representation on the client.On an application by trial counsel to be removed from the record, it is imperative that the client's position be known to the judge hearing the application.

In fact, if the Court is not satisfied that there is sufficient evidence that an individual is dead, the judge hearing the application may instead make an order under the Absentees Act, if that is requested.

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.»

The legislation requires the judge hearing the application to be satisfied that a DPA is in the interests of justice (as opposed to prosecution of the corporate).

The child submitted on appeal that the only factor to be considered by the judge hearing an application for a declaratory order was the child's age — and therefore, it was unnecessary to name the parents as parties or provide notice to them where the child was 16 or older because they could not contest the relief in any event.

The judge hearing the application dismissed it on the basis that, among other things, s. 52 of the Mortgages Act conflicted with the terms of the RTA.

Not exact matches

In addition, it recommends «nothing less than a full adversarial hearing before a judge» when deciding if further detention is required, and that a higher level of police officer be responsible for the application.

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 prosecution lawyer Rotimi Jacobs confirmed that he has been served with application for bail of all the accused persons and with the consent of all the lawyers in the trial, the trial judge, Justice Peter Affem adjourned hearing in the bail application until Wednesday the 16th of December 2015.

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.

The trial judge also adjourned till Monday, 7th, May for continuation of hearing in a written bail application filed by Melaye's counsel, Chief Mike Ozekhome, SAN, asking for a variation of the remand order placed on him.

The judge, however, said that hearing in the application would no longer be adjourned as «this is the second time the application is adjourned.»

The suit, which was earlier adjourned for hearing of all pending applications, was however adjourned to June 29 because the trial judge, Justice Ayokunle Faji, was indisposed

The judge later withdrew himself from the hearing of a contempt application filed against SaharaReporters and Sowore by Saraki.

The judge said the three accused persons were to remain in the prison custody pending the determination of their bail applications, the hearing of which has been fixed for July 1, 2016.

At the resumed hearing of the case on Thursday, Ozekhome told the judge that the EFCC had been afforded sufficient opportunity to respond to the application but had failed to do so.

The judge of the High Court Anyigba, Hon Justice R.O Ayoola after listening to all the submissions by the counsels adjourned the suit to Wednesday 17th January, 2017 for hearing of the application for judgment.

The judge said the decision about whether to hold a judicial review should be heard in open court, after privately considering the merits of the application.

A judge must still decide if the class action application can proceed and Brasil says it could take six months to a year to set a hearing date for the lawsuit.

In the absence of any details about the application or the hearing held by the judge, Leonard I. Shapiro, it's all speculation, but, of course, immigration judges don't get the Article III perks like lifetime tenure, and I'd sure hate to be the guy on record as booting the President's wheelchair - bound Auntie back to Africa.

St Helens Council v M and F (Baby with Multiple Fractures: Rehearing)[2018] EWFC 1 (22 January 2018) Peter Jackson LJ, sitting as a High Court judge — Re-hearing of care order application after further expert evidence heard in the criminal courts.

The courts held that an injunction could be granted where it was just and proportionate to do so and that a judge hearing an injunction application could not consider the merits of the planning decision as this was a matter for the appeal stage.

Nonetheless, Master Robertson goes on to indicate that, if this matter had come before a Provincial Court judge, the Provincial Court judge would have authority to hear the application to set aside the order and schedule a re-hearing based on rule 9.15 of the Alberta Rules of Court, which allow the setting aside of an order made without notice or following a hearing.

At the eventual hearing the judge held that the application was unjustified and then made a costs order in BDO's favour but against DLA, not its client.

The judge made the recovery order and, at a later hearing, refused FW's application to discharge the care order.

In its decision denying the application for disqualification of the trial judge, the appeal court made the following observations regarding Groia's conduct in the OSC hearing:

His application to have the ban lifted was not heard because the enforcement judge who stayed the civil proceedings was on leave.

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.

(b) After an application for the determination proceedings is filed, the Judge of Family Affairs adjudicates the case taking into consideration the relevant information obtained through the documents submitted by the party, investigation by the Family Court Probation Officer, hearing before the Judge, etc..

These applications are usually made to a judge who sits every day to hear urgent matters.

A lawyer for Trans Mountain, a subsidiary of Kinder Morgan Canada, told a judge at hearings on the injunction application that the protesters» goal was to cause so much financial harm through delays that the company would be forced to abandon the $ 7.4 - billion project, which has been approved by the National Energy Board and the federal government.

Some types of court applications can be heard by either a judge or a master, and others only by a master.

The application will be heard by at least two judges of the High Court, one of whom will be a lord justice of appeal.

At the case management conference in June, which also doubled up as a preliminary injunction application, we were able to convince the judge to order a speedy trial to be heard in September.

TOMEE SOJOURNER v. CONSEIL DE LA JUSTICE ADMINISTRATIVE et al Judicial Bias based on Race, Gender, Sexual Orientation and Gender Identity Nature: Hearing on a Rental Board Judge's application to quash a Superior Court decision rendered in favor of an English - speaking Black lesbian, who had applied for judicial review of an earlier Administrative Judicial Council decision regarding her complaint against the Judge.

The duty judge heard the ex parte application by telephone.

[24] The benefit of having the judge who heard the trial and counsel's submissions which gave rise to a mistrial, also hear the ensuing special costs application is obvious.

Although that is often best assessed in the context of the trial, the trial judge has discretion to consider an application on a pretrial motion or after hearing some of the evidence.

The Court found that the original application judge who had heard the father's Hague Convention application...

However, the judge hearing the enforcement application, Sir Michael Burton, found that this evidence of inferred bias was «only the context, and a context in which I can reach no conclusions one way or the other on the evidence before me... «[2]

NB Mostyn J thought that there was nothing in the rules to prevent the trial judge from deciding any application for a reporting restriction, and there was no requirement to transfer a case to the High Court for any such application to be heard.

«The process for a judge hearing a non-suit application is to ask whether, based on the evidence presented by the plaintiff, taken at face value and without being weighted, there is enough evidence for a prima facie case against the defendants.

Justice D.C. McDonald heard the application for certiorari to quash the Rolf and Saks decisions and for mandamus requiring the judges to reconsider the request for counsel.

This means that judges hearing restraining order applications are not restricted to granting orders to «family members» in circumstances of «family violence» as defined in the PAFVA.

and in any event the uncertainty as to what judges should do in relation to anonymity applications in approval hearings is a compelling reason why an appeal should be heard.

As an aside, on granting permission to appeal (as an application for permission to appeal had to be issued as the Judge had rejected the oral application for permission to appeal at the original hearing), the Court of Appeal had recognised that it was unusual for an exercise of judicial discretion to be appealed but stated that the decision of His Honour Judge Purle QC was highly speculative as to «border on the Micawberism» (which those of you versed in classic literature will recognise as a reference to a character in the Charles Dickens novel, David Copperfield, who continually holds blind faith that «something will turn up»).

Applications under section 20 do not require a designated judge, but the FHRMIRA's definition of «Court» requires that this application be heard in a superior court, for example the Court of Queen's Bench of Alberta (FHRMIRA section 2, Divorce Act, RSC 1985, c 3 (2nd Supp), section 2 (1)-RRB-.

I am informed by counsel, in this and in other cases, and by other Queen's Bench judges, that applications for anonymity are now made in most approval hearings, if the order has not already been made by the Master.

On judicial review to the British Columbia Supreme Court, the judge characterized the issue between Sechelt and the tenants as one concerning money, not Indian lands, and agreed that the DRO had jurisdiction to hear the dispute and apply the provisions of the Manufactured Home Park Tenancy Act because it is a provincial law of general application.