Sentences with phrase «judges in both cases referred»

The trial judges in both cases referred extensively to my case of Cobb v. Martin Estate, 2017 ONCA 717 — a case that I will never forget.

Not exact matches

(Recall that the AG's office actually doesn't have subpoena power in corruption cases until the governor specifically refers a case to his office, which is why Andrew Cuomo couldn't compel testimony in the Troopergate case, but former Chief Judge Judith Kaye — working as Cuomo's request on the ethics charges lodged against Gov. David Paterson — can do so).

What they're accusing him of is referring business that is going to come before him, almost like a judge who would pick the lawyers who are going to be in the case.

CASE - referred experts are not expected to serve pro bono; each expert's fee is determined between the expert and the judge, although AAAS will assist in the process.

In this case, the judge is not applying UK law but referring to the 1992 EU package travel directive which makes European tour operators liable for the safety of their guests anywhere in the worlIn this case, the judge is not applying UK law but referring to the 1992 EU package travel directive which makes European tour operators liable for the safety of their guests anywhere in the worlin the world.

None of them were fatal in that a judge or opposing counsel could certainly have figured out what case the cite referred to, but that isn't really the point.

Nevertheless, the judges who decided the TBG Limited - case refer extensively to the judgment in the Prunus - case.

In its 20 year history the CCRC has only referred two cases back to the appeal judges on a second referral.

As in the Kuznetsov case, the decision in the Arcadis case provides a helpful summary of the applicable principles determining whether or not there is a binding contract between parties, with the judge referring to the elegant summary of Lord Clarke in RTS Limited v Molkerei Alois Müller GmbH [2010] 1 WLR 753:

In the case, the judge referred to Miss Woodward as an «extraordinarily able lady» while her defence counsel described her as «bright».

At page 78 he refers to the Law Society submission and states «The report does not however give, in our view, adequate attention to the way in which the market is manipulated by BTE insurers so that clients are not free to choose the solicitor of their own choice... The Association of District Judges has made known to the Law Society, during 2008, its concerns that this system frequently operates as a denial of justice to claimants who lose, undersettle or not pursue cases as a result of the nature of representation provided.».

Certainly, had the judge in Re W (a Child)[2016] EWCA Civ 1051 (referred to in Pt 1) looked at the case in terms of W's Charter rights — which in 2016 she should have done — it is difficult to see how the decision not to join the child in her return order proceedings could have been made.

That is, if the case before them is the first in their jurisdiction, judges will refer to other common law countries for guidance.

Where the reference is not clear or incomplete, much time has to be devoted to understanding the case and in particular, and this is more important, understanding the problem of EU law the referring judge has encountered.

A stay is not inevitable especially if neither side has expressed an interest in mediation but a district judge has referred the case to the mediator.

The referring judge considers that this case is not isolated but merely illustrates the general situation in Italy.

The Judge cited cases such as Re G - Tech Construction Ltd [2007] BPIR 1275 which allowed for such a possibility, but emphasised that the judgment in G - Tech was an incomplete draft which had not been approved by the author before he died, and in any event did not refer to previous authorities which supported the general proposition that retrospective orders should only be made if the underlying legislation contained «very strong and explicit words» permitting them.

Cases of Gregoire & Kumar (ONCA, 2008) referred to below in H.L., [2009] O.J. No. 3572 (SCJ, Hill J): Analysis 25 On the appeal, without the benefit of the June 20 and June 27, 2008 transcripts, the court raised with the parties the propriety of the pre-trial justice presiding as the sentencing trial judge.

When ordered by the presiding judge, or when automatically referred to mediation in accordance with this Administrative Order, parties must participate in mediation of family cases.

The trial judge assessed the evidence in this case and referred to a 1980 Ontario case that set out indicators of co-habitation, such as:

The case was referred to the ECJ by a Danish judge in a dispute between Post Danmark and Konkurrencerådet, the Danish competition authority.

Or, one will see cases in which the judge refers to a long list of cases — some appellate, some co-ordinate, all of which deal with the point in issue — and concludes with the line that since neither counsel cited the binding authorities, let alone any, nobody gets costs.

Some of the judges from the conference referred to above supposedly «pleaded with the law professors to write about actual cases and doctrines, in quick, plain and accessible articles».

In this case, however, I am satisfied that the trial judge's failure to refer to the impact of the breaches on the appellant's Charter - protected rights does demonstrate a failure to consider that impact.

Judge Baylson had 31 Malibu Media cases referred to him, making it far more reasonable to join five of the defendants who had already filed motions in their cases.

A plan to require trial judges in civil cases refer a motion to disqualify to another judge for determination has been heavily amended.

The CJEU held in the case of Coty Germany GmbH v First Note Perfumes NV (C - 360 / 12), which His Honour Judge Hacon referred to in his judgment, that the «linking factor relates to active conduct on the part of the person causing that infringement».

Many of the actions of the referring judge will become an issue in the case, calling into question the objectives and motives of Judge judge will become an issue in the case, calling into question the objectives and motives of Judge Judge Snow.

In order to support his position, the Judge referred to the recent Otis Case (which has also been discussed on this blog).

In one case, opposing counsel referred to a retired judge who was appearing as counsel as «His Honour».

(2) Court personnel referred to in subsection (1) who are assigned to and present in a courtroom shall act at the direction of the presiding judge, justice of the peace, master or case management master while the court is in session.

(3) If an allegation of misconduct against a provincial judge is made to any other judge or to the Attorney General, the other judge, or the Attorney General, as the case may be, shall provide the person making the allegation with information about the Judicial Council's role in the justice system and about how a complaint may be made, and shall refer the person to the Judicial Council.

In Tuesday's opinion, written by appellate Judge Janice Rogers Brown on behalf of the three - judge panel, she referred to the constant back - and - forth as «Sisyphean labor,» stating that the case must be brought to a close in «the interest of procedural fairness and judicial finality.&raquIn Tuesday's opinion, written by appellate Judge Janice Rogers Brown on behalf of the three - judge panel, she referred to the constant back - and - forth as «Sisyphean labor,» stating that the case must be brought to a close in «the interest of procedural fairness and judicial finality.&rJudge Janice Rogers Brown on behalf of the three - judge panel, she referred to the constant back - and - forth as «Sisyphean labor,» stating that the case must be brought to a close in «the interest of procedural fairness and judicial finality.&rjudge panel, she referred to the constant back - and - forth as «Sisyphean labor,» stating that the case must be brought to a close in «the interest of procedural fairness and judicial finality.&raquin «the interest of procedural fairness and judicial finality.»

As the case started in Scotland, the judges refer to skilled witnesses but that's the Scottish for expert witnesses.

The judge in the Hahn case referred to the decision of Collyer v. Boon, 2008 BCSC 1745, wherein Madam Justice L. Russell, at para. 105, stated the following:

11 Accordingly, notwithstanding the principle (which I do not doubt) that questions of apportionment are generally questions of fact with which we should interfere only in exceptional cases, I would conclude that the issues I have referred to are ones of law and that the learned trial judge erred in law in placing too high a standard on the plaintiff and in failing to consider the assumptions she was entitled to make.

The Legal 500 have referred to Russell as being an approachable, clear and practical advocate who has an excellent manner with clients, who is good in front of judges and who leaves no stone unturned when dealing with cases.

However, the Judge held that the Policy (which stipulates that complaints of serious criminal conduct should normally be referred to the police in the first instance and that the University's Policy may not be applicable in such cases) was on its face unarguably lawful.

In a recent case in this Court, Fuller v. Harper, 2010 BCCA 421 (CanLII), the Court, after referring to the comments of Mr. Justice Rothstein in Pecore, noted that the effect of any presumption of resulting trust only will be requisite after all the evidence and the surrounding circumstances in which the transfer was made has been weighed and considered by the trial judgIn a recent case in this Court, Fuller v. Harper, 2010 BCCA 421 (CanLII), the Court, after referring to the comments of Mr. Justice Rothstein in Pecore, noted that the effect of any presumption of resulting trust only will be requisite after all the evidence and the surrounding circumstances in which the transfer was made has been weighed and considered by the trial judgin this Court, Fuller v. Harper, 2010 BCCA 421 (CanLII), the Court, after referring to the comments of Mr. Justice Rothstein in Pecore, noted that the effect of any presumption of resulting trust only will be requisite after all the evidence and the surrounding circumstances in which the transfer was made has been weighed and considered by the trial judgin Pecore, noted that the effect of any presumption of resulting trust only will be requisite after all the evidence and the surrounding circumstances in which the transfer was made has been weighed and considered by the trial judgin which the transfer was made has been weighed and considered by the trial judge.

Some judges have found that by referring, for example boundary disputes to mediation, they relieve themselves of having to hear the most tiresome and futile cases in their lists.

17 By letter of 20 June 2016, the Court Registry acknowledged receipt of the request that the present case be referred to the Grand Chamber and informed the parties of its referral, pursuant to Article 28 (5) of the Rules of Procedure, to an extended Chamber sitting with five Judges, in this instance the Seventh Chamber (Extended Composition).

Finally, the trial judge in the Camden City case dealt with the separate issues posed by a parent's access to her own child's records, «access logs» for those records, and other documents possessed by the school district that refer to her child.

«In relation to the considerations that serve to distinguish a policy decision from the operational decision, I continue to think that the four considerations referred to by Madam Justice McLachlin, as the trial judge in Just, are helpful and are unaffected by the decision of the Supreme Court of Canada in that casIn relation to the considerations that serve to distinguish a policy decision from the operational decision, I continue to think that the four considerations referred to by Madam Justice McLachlin, as the trial judge in Just, are helpful and are unaffected by the decision of the Supreme Court of Canada in that casin Just, are helpful and are unaffected by the decision of the Supreme Court of Canada in that casin that case.

The Court of Appeal quotes a prior B.C. case in which a B.C.S.C. judge refers to a particular luxury car as «the stuff of a young man's fantasy, and an older man's crisis» (See para. 26)-- a potentially (inadvertently?)

Specifically, the judge, in that case, permitted the use of predictive coding for that review, a general term that at that time referred to programs that used algorithms to determine whether documents are relevant to a case.

The guidance meat of the judgment is at the end where the judge refers in emphatic terms to the clear need for parties to plead their case on particular issues, to «nail their colours to the mast».

Venables is one of a growing number of cases in which judges routinely refer to international instruments.

When talking about wasting judges» time, we're not referring to a pet peeve shared by many judges we've spoken to relating to the fact that parties wait until the last minute to settle cases, making it impossible to schedule in a new case for the assigned judge and courtroom.

In this decision, the Court of Appeal arrived at a result which is contrary to the result in its 2011 decision in L - 3 Communication Spar Aerospace Limited v. CAE Inc (which decision was not referred to in the Federation v. Markel decision, although one of the judges sat on both casesIn this decision, the Court of Appeal arrived at a result which is contrary to the result in its 2011 decision in L - 3 Communication Spar Aerospace Limited v. CAE Inc (which decision was not referred to in the Federation v. Markel decision, although one of the judges sat on both casesin its 2011 decision in L - 3 Communication Spar Aerospace Limited v. CAE Inc (which decision was not referred to in the Federation v. Markel decision, although one of the judges sat on both casesin L - 3 Communication Spar Aerospace Limited v. CAE Inc (which decision was not referred to in the Federation v. Markel decision, although one of the judges sat on both casesin the Federation v. Markel decision, although one of the judges sat on both cases).

* For the purpose of this program, delinquent citations refer to capias pro fine cases, or cases in which a Judge has found the individual guilty, has issued a fine and the defendant has failed to pay the fine.