A final confrontation between Blaine Amendments and the First Amendment will require
a live appeal of a decision that strikes down a voucher program by invoking a Blaine Amendment.
Not exact matches
The Ontario Court
of Appeal has upheld a
decision that a lawyer must personally pay the legal costs
of a hospital and a doctor involved in a legal battle with her, over her attempt to remove a client from
life support, saying she was «intent on achieving her own personal objective.»
Republican state Rep. Mitch Gillespie, who sponsored the bill for the «Choose
Life» plates, said he would push for an
appeal of the judge's
decision, CNN affiliate WRAL reported.
Overturning a lower court's
decision that ruled that the laws unconstitutionally limited access to abortion in the state, New Orleans - based 5th Circuit Court
of Appeals judges wrote, «on its face does not impose an undue burden on the
life and health
of a woman.»
However, Ibrahimovic is likely to factor in his family into his
decision, and although a short stint on a lucrative deal would be
appealing, it might not be enough to sacrifice other aspects
of his
life.
«Yesterday's ruling was a landmark ruling that tells about the fact that our courts are working, rule
of law is part
of our
lives and that our democracy is alive and kicking and that at any point in time we can be confident that we have a court to rely on and that when people feel aggrieved by
decisions by an arm
of government or a constitutional body, they can always
appeal and have hearing and sometimes can have their grievances addressed in their favour.
A panel
of five judges, headed by the Lord Chief Justice Lord Thomas, announced their
decision on «
life - means -
life» orders at the Court
of appeal in London.
The U.S. Supreme Court vacated a
decision of the Court
of Appeals for the Second Circuit, giving
life to a case that can mean New Yorkers... Read More
Original story: After Left 4 Dead 2 was denied classification in Australia due to it containing «
living humans with a rabies - like virus» and «realistic, frenetic and unrelenting violence,» a bummed out Valve
appealed the
decision, the results
of which we'll learn on October 22, Gabe Newell revealed at a press conference during his Aussie visit.
A man
of great charm, humour, zest for
life and total privacy, very much the artist as gregarious loner, de Kooning was born in 1904 in Rotterdam to parents who divorced when he was five; his custody was given to the father, but his mother, who owned a bar, successfully
appealed against the
decision and brought him up.
The commission makes 100 recommendations featuring six overarching ones: the National Advice and Legal Support Fund mentioned before; prioritising public legal education in schools, alongside financial literacy, and in «education for
life»; calling on government to clampdown down «preventable demand» by getting
decisions right the first time including a «polluter pays» scheme for the DWP to pay costs on upheld
appeals (on average 35 %
of appeals against welfare benefits
decisions are upheld); an overhaul
of the courts to make them better suited for the needs
of litigants in person; a national strategy for 2015 — 20, including a «minister for advice and legal support»; and for local authorities to commission local advice and legal support plans.
The Ontario Court
of Appeal has upheld a
decision that a lawyer must personally pay the legal costs
of a hospital and a doctor involved in a legal battle with her, over her attempt to remove a client from
life support, saying she was «intent on achieving her own personal objective.»
Pannone LLP partner, Richard Scorer, says: «The Supreme Court's
decision to overturn the Court
of Appeal judgment and to artificially restrict the human rights
of British soldiers in this way, implying that the moment they step out
of their base their human rights «end», seems partly at least to be due to a misconception that human rights would get in the way in the heat
of battle and affect «
life and death»
decision making.
We have written about the Arizona Court
of Appeals decision in the Van Dyke v. Steinle case in which the court of appeals had to determine if a basis to terminate spousal maintenance exists when a former spouse receiving the spousal maintenance moves in with a love interest and is now sharing living costs with the new love in
Appeals decision in the Van Dyke v. Steinle case in which the court
of appeals had to determine if a basis to terminate spousal maintenance exists when a former spouse receiving the spousal maintenance moves in with a love interest and is now sharing living costs with the new love in
appeals had to determine if a basis to terminate spousal maintenance exists when a former spouse receiving the spousal maintenance moves in with a love interest and is now sharing
living costs with the new love interest.
Kassburg v. Sun
Life Assurance Company
of Canada, 2014 ONCA 922, is an Ontario Court
of Appeal decision that was released without much fanfare due to the timing
of the release (December 29, 2014, right in the middle
of the holiday season).
This
appeal considered whether a commissioning body can, by its
decision not to fund a particular option for contact, remove the jurisdiction
of the Court
of Protection to make a best interests
decision about contact, and whether the failure to conduct a best interests assessment and / or determine the facts breached the appellant's rights under the ECHR to a fair trial and a family
life.
In Time for Action, the AJTC calls for the introduction
of a 42 - day time limit for
decision - makers to hear
appeals on disability
living allowance and other benefits.
There are stats for cases filed, applications for leave submitted,
appeals heard, judgments (including number
of unanimous vs. split
decisions), and average time lapses (time lines in the
life of a case at the Court)... [more]
The Supreme Court has allowed an
appeal by the non-biological mother
of a seven - year - old daughter: the birth mother's unilateral
decision to take the child to Pakistan to
live did not mean that child immediately lost her habitual residence in the UK.
Following the certification
of the action by Justice Cumming,
Living Realty brought a motion seeking leave to
appeal Justice Cumming's original certification
decision of September 12th, 2001.
In the recent
decision of Fantl v Transamerica
Life Canada («Fantl»)[1], the Ontario Court
of Appeal unanimously dismissed the appeal of the Divisional Court's decision and confirmed the certification of class claims in negligent misrepresentation, noting that it was time for class actions to «deliver on their promise of access to justice» [2] when it comes to individual i
Appeal unanimously dismissed the
appeal of the Divisional Court's decision and confirmed the certification of class claims in negligent misrepresentation, noting that it was time for class actions to «deliver on their promise of access to justice» [2] when it comes to individual i
appeal of the Divisional Court's
decision and confirmed the certification
of class claims in negligent misrepresentation, noting that it was time for class actions to «deliver on their promise
of access to justice» [2] when it comes to individual issues.
Recent newspaper reports
of Wall LJ's ruling to refuse a mother's application to
appeal against a
decision that her son should
live with his father have highlighted the issue
of the weight given to a child's wishes and feelings.
A recent Court
of Appeal decision has highlighted the requirement for English law to develop to take into account the modernising society in which we
live.
There are stats for cases filed, applications for leave submitted,
appeals heard, judgments (including number
of unanimous vs. split
decisions), and average time lapses (time lines in the
life of a case at the Court).
On April 25, 2012, the Federal Government announced that they will
appeal the March 26, 2012, Ontario Court of Appeal decision striking down Canada's prostitution laws, specifically, Criminal Code provisions prohibiting «keeping or using a common bawdy house» (section 210) and the «living off the avails of prostitution» provision (section 212 (1)(j)-RRB- as unconstitutional to the Supreme Court of C
appeal the March 26, 2012, Ontario Court
of Appeal decision striking down Canada's prostitution laws, specifically, Criminal Code provisions prohibiting «keeping or using a common bawdy house» (section 210) and the «living off the avails of prostitution» provision (section 212 (1)(j)-RRB- as unconstitutional to the Supreme Court of C
Appeal decision striking down Canada's prostitution laws, specifically, Criminal Code provisions prohibiting «keeping or using a common bawdy house» (section 210) and the «
living off the avails
of prostitution» provision (section 212 (1)(j)-RRB- as unconstitutional to the Supreme Court
of Canada.
The Ontario Court
of Appeal recently released its
decision in Goldhar v. Haaretz.com on the issue
of whether Ontario was the appropriate jurisdiction to litigate a defamation claim relating to an online publication by an Israeli newspaper that purported to defame Mr. Goldhar, who
lives in Toronto but has business connections in Israel.
As such, the Court
of Appeal concluded the appellants» decision to expend money improving their living conditions was not, for the purpose of the appeal, incurred because the appellants had been given assurances the houses would be t
Appeal concluded the appellants»
decision to expend money improving their
living conditions was not, for the purpose
of the
appeal, incurred because the appellants had been given assurances the houses would be t
appeal, incurred because the appellants had been given assurances the houses would be theirs.
The BC Court
of Appeal upheld a Supreme Court
decision that notaries are not allowed to prepare wills in British Columbia that create
life estates or trusts under the Notaries act — in the
decision Society
of Notaries v Law Society
of British Columbia 2017... Read more
Interestingly, it appears the Arizona Court
of Appeals was sympathetic with Husbands» position by declaring it realized its
decision may result in inequities in some situations when a spouse receiving spousal maintenance obtains an unfair advantage by
living with someone and putting off marriage until the term
of spousal maintenance is reached.
The Arizona Court
of Appeals issued a
decision regarding
living together and spousal maintenance in Van Dyke v. Steinle regarding whether a former spouse's cohabitation with another person provides a basis to modify or terminate an Arizona spousal maintenance award.
The
appeal decision in Martin was to award the claimant a
life interest in her deceased partner's share
of their property, meaning the claimant could remain
living there for the rest
of her
life, after which half the capital value would pass to the estranged wife.
The precautionary principle has received considerably more local attention since the principle was mentioned (albeit in a non-binding part
of the
decision) in the Supreme Court
of Canada's 2001 judgment in Spraytech v. Hudson and in the subsequent Ontario Court
of Appeal decisions in R. v. City
of Kingston and in Crop
Life v. Toronto.
Family lawyers can breathe easy after an
appeal court
decision limited when
life insurance proceeds can be counted towards the value
of an estate, says Toronto estates litigator Alexander Turner.
Justice Hainey referred to the piercing
of the corporate veil test in Transamerica
Life Insurance Co.
of Canada v. Canada
Life Assurance Co., but also to the Ontario Court
of Appeal's recent
decision in Indcondo Building Corporation v. Sloan, which affirmed that this veil will only be pierced with wrongdoing akin to fraud in the establishment or use
of the corporation.
But despite losing core funding from government sources, ONIWG and the injured worker movement can claim campaign successes in the following years, including: defeat
of the proposal to amalgamate the
Appeals Tribunal; recognition
of chronic pain by the 2003 Supreme Court
of Canada
appeal decision in which ONIWG was an intervenor; changes in the Board's approach to maintenance treatment; reinstatement
of the clothing allowance; reconsideration by the Board
of its Early and safe return to work policy; reintroduction
of cost
of living adjustment; and focusing media attention on the perils
of experience rating.
For example, although homeless people were successful in their Charter claim in Victoria (City) v Adams, this judicial bias is evident even in that case — the first to consider the relevance
of international human rights law, including concerns and recommendations from the CESCR, to section 7
of the Charter.284 The BC Court
of Appeal in Adams upheld the trial judge's
decision that the City
of Victoria was violating homeless persons» constitutional rights to
life, liberty and security
of the person by prohibiting them from erecting temporary overhead shelters in public parks.285 However the Court
of Appeal was insistent on framing its
decision as a negative «restraint» on government, rather than as a positive obligation.
I think the low rank
of the Ontario Court
of Appeal in the
life span chart at 10.2 in the report can be explained, at least in part, by the large number
of decisions released as brief endorsements.
The
life spans
of decisions of the various courts
of appeal vary quite considerably, ranging from just under six years for the Ontario Court of Appeal to twelve years for the British Columbia Court of Appeal and sixteen years for the Northwest Territories Court of A
appeal vary quite considerably, ranging from just under six years for the Ontario Court
of Appeal to twelve years for the British Columbia Court of Appeal and sixteen years for the Northwest Territories Court of A
Appeal to twelve years for the British Columbia Court
of Appeal and sixteen years for the Northwest Territories Court of A
Appeal and sixteen years for the Northwest Territories Court
of AppealAppeal.
Eli Lederman, a partner at Lenczner Slaght Royce Smith Griffin LLP, says a recent Court
of Appeal decision in Ontario adds to a growing trend that suggests trial judges may have greater freedom to determine whether parties are
living up to their contractual obligations.
Perkins Coie's 1600 PTAB and Beyond blog reports from the intersection
of the
life sciences industry and key
decisions and developments from the Patent Trial and
Appeal Board (PTAB), district courts and appellate courts.
Farris partner Alison Narod is an administrative
decision - maker, hearing cases as Disciplinary Panel Chair
of Investment Industry Regulatory Organization
of Canada and as a tribunal member in the Community Care and Assisted
Living Appeal Board and for a period on the list
of arbitrators under BC Labour Relations Code.
In a long - awaited
decision, the New York Court
of Appeals in Kramer v. Phoenix
Life Ins.
In this recent Court
of Appeals case, the court's
decision was to take the eight year - old child from Mom, with whom the child had been
living since the child was born, and send the child to
live with Dad and the new wife in Virginia.
The Court
of Appeal upheld the trial judge's
decision, recognizing that joint custody under a parallel parenting regime may be suitable where both parents love the child and should play an active role in the child's
life, yet have difficulty communicating or reaching a consensus on the child's upbringing.