Sentences with phrase «matter under appeal»

Rather, at best, the Chief is a surrogate rights holder on behalf of all the people who, although not parties to the matter under appeal to the LERB, have private information contained in the Record.

Not exact matches

In the Saputo - WCB matter, the withdrawal of two very complex fully franked special dividends WCB planned to pay under its agreed bid with the Canadian company caused rival bidders Murray Goulburn and Bega Cheese to appeal to the Panel.

Given the reality that the current appeals process all but protects failing teachers from losing their jobs (fewer than one percent of teachers sent to the infamous «rubber rooms» under the city's current agreement with the AFT ever lost their jobs no matter how deserving), one can easily understand why Mayor Michael Bloomberg is rightfully opposing the union's demand.

Jepsen lightly approached the question of where Judge Thomas Moukawsher's broad indictment of public K - 12 education was right or wrong as a matter of policy, but the appeal sharply attacks the judge's legal basis for ruling that shortcomings he identified violate students» rights under the state Constitution to a free and adequate education.

It's currently under appeal, but Students Matter said that AB 753 and three other bills were unconstitutional as they ignored the Vergara ruling.

With the majority of the new Jaguar leadership force having been trained under some of the best automakers in Germany, it was only a matter of time until a more appealing and efficient product began to emerge from the soggy shores of Great Britain.

In addition to any essential comparisons made within the body of the review, we strongly encourage reviewers to provide us with the titles of several books that are similar in tone, subject matter, and appeal to the work under review.

By manipulating commercial and industrial design, and presenting these issues as an appealing «product,» he hopes to heighten awareness of the subject matter and begin conversation under the guise of entertainment.

Sets forth the Office's duties, including authorizing the Office to represent the interests of energy customers, and appeal on behalf of such customers, on matters concerning rates or service of public utilities and natural gas companies under FERC's jurisdiction at specified hearings.

Appeals to authority make sense if the authority is in possession of expert knowledge in a subject area and that subject area is the matter under consideration.

[a] tax measure such as that at issue in the main proceedings, which is, according to the referring court's description of its history and purpose, intended to prevent excessive capital flow towards the Netherlands Antilles and to counter the appeal of that OCT as a tax haven, comes under the tax carve - out clause cited above and remains, consequently, outside the scope of application of Article 47 (1) of the [Seventh] OCT Decision, provided it pursues that objective in an effective and proportionate manner, which is a matter for the referring court to assess.

Successfully argued on behalf of a surety before the U.S. Court of Appeals for the First Circuit on matter concerning the interpretation of a surety's right to seek an attachment of assets under Massachusetts law.

The first important matter was that this was not an appeal from any decided case, but from a decision on the interpretation of whether something could be a criminal offence under section 92 of the Trade Marks Act 1994.

The Court of Appeal had no issue with the behaviour being both a regulatory matter under provincial legislation, and a criminal matter.

Before taking new matters into account based on statistics which have not been considered in the judgment under appeal, the adversarial process requires that the court ensure that the parties are given an opportunity to deal with the new information by making further submissions, oral or written, and allowing, if requested, fresh material in response.

«Critically, the Appeal Court affirmed Tibbles v SIG [2012] 1 WLR 2591, where the power to vary or revoke an existing order under CPR 3.1 (7) was confined to matters where something unexpected arose subsequently or the order was made in ignorance of a critical detail.

In its decision, the appeal court found that the section only applied to exclude other courts in B.C. from hearing matters under the act, and not other courts worldwide.

Although no cases have been decided under the new definition of catastrophic impairment (CAT) at the Licence Appeal Tribunal (LAT), a number of matters recently adjudicated under the old definition do provide some guidance in a number of areas, London personal injury lawyer Maia Bent tells AdvocateDaily.com.

The British Columbia Court of Appeal last year dealt with a complex matter of who is entitled to be registered as «an Indian» under the terrible Indian Act.

This appeal process will not apply to those matters that may come before the CRT in the future under the authority of statues other than the Act.

No doubt a similar process will apply for appeals of CRT decisions made under its function as an alternative to small claims matters.

Accredited under the Law Society Immigration & Asylum Accreditation Scheme as a Level 2 Caseworker and Supervisor, David Saldanha has appeared as an advocate in hundreds of asylum and immigration appeals over the past 20 years before the First - tier Tribunal and Upper Tribunal and their predecessors, gaining a significant experience in a wide range of immigration matters, such as asylum claims and unlawful detention, standing on behalf of the most vulnerable people in the society.

If all efforts to negotiate or mediate an agreement fail, North Shore Law is able to commence litigation under either or both of the Divorce Act of Canada or the Family Law Act of British Columbia with a view to having the disputed matters adjudicated by a judge of the Supreme Court of British Columbia and, if necessary, the Court of Appeals.

In other matters, such as an appeal under the Provincial Offences Act, the filing period maybe even shorter.

Before the changes were ushered in, complaints were first filed with the Ontario Human Rights Commission, which would determine if the matter should be addressed by the tribunal or by appeal processes under the Workplace Safety and Insurance Act (WSIA).

Business Development: Brokering various business dealings that further the diversification of Indian economies Developing and accessing commercial financial programs and services for tribal governments, including tax - exempt offerings and federally - guaranteed housing loans Serving as issuer or underwriter's counsel in tribal bond issuances Ensuring tribal compliance with Bank Secrecy Act and other federal financial regulatory requirements Handling federal and state income, excise, B&O, property and other tax matters for tribes and tribal businesses Chartering tribal business enterprises under tribal, state and federal law Registering and protecting tribal trademarks and copyrights Negotiating franchise agreements for restaurants and retail stores on Indian reservations Custom - tailoring construction contracts for tribes and general contractors Helping secure federal SBA 8 (a) and other contracting preferences for Indian - owned businesses Facilitating contractual relations between tribes and tribal casinos, and gaming vendors Building tribal workers» compensation and self - insurance programs Government Relations: Handling state and federal regulatory matters in the areas of tribal gaming, environmental and cultural resources, workers» compensation, taxation, health care and education Negotiating tribal - state gaming compacts and fuel and cigarette compacts, and inter-local land use and law enforcement agreements Advocacy before the Washington State Gambling Commission, Washington Indian Gaming Association and National Indian Gaming Commission Preparing tribal codes and regulations, including tribal court, commercial, gaming, taxation, energy development, environmental and cultural resources protection, labor & employment, and workers» compensation laws Developing employee handbooks, manuals and personnel policies Advocacy in areas of treaty rights, gaming, jurisdiction, taxation, environmental and cultural resource protection Brokering fee - to - trust and related real estate and jurisdictional transactions Litigation & Appellate Services: Handling complex Indian law litigation, including commercial, labor & employment, tax, land use, treaty rights, natural and cultural resource matters Litigating tribal trust mismanagement claims against the United States, and evaluating tribal and individual property claims under the Indian Claims Limitation Act Defending tribes and tribal insureds from tort claims brought against them in tribal, state and federal courts, including defense tenders pursuant to the Federal Tort Claims Act Assisting tribal insureds in insurance coverage negotiations, and litigation Representing individual tribal members in tribal and state civil and criminal proceedings, including BIA prosecutions and Indian probate proceedings Assisting tribal governments with tribal, state and federal court appeals, including the preparation of amicus curiae briefs Our Indian law & gaming attorneys collaborate to publish the quarterly «Indian Legal Advisor ``, designed to provide Indian Country valuable information about legal and political developments affecting tribal rights.

Philippa has recently appeared for the Crown in a Court of Appeal matter which concerned the application of evidential presumptions under Section 75 of the Sexual Offences Act 2003, largely unchartered territory.

The Court of Appeal considered that as a matter of good practice in international commercial arbitration and as a matter of law, disclosure should have been made to Halliburton at the time of M's appointment under the two other references.

He has come under a great deal of pressure regarding this issue of late, and he obviously felt the need to publicly defend his and the Court of Appeal's erstwhile stance on the matter.

(3) If an appeal is made under this section in respect of a matter in which a question is pending before the Building Code Commission, the proceeding before the Commission is terminated.

Amongst other matters, the Court unanimously overruled earlier Court of Appeal authority on the situs of debts arising under letters of credit.

IPCO took the matter to the Court of Appeal which ruled that enforcement should be granted on the basis that the Gordian knot caused by the «sclerotic» process of the Nigerian proceedings should be cut, and referred the matter back to the Commercial Court to decide whether the alleged fraud could provide NNPC with a public policy defence under s103, and should NNPC be allowed to challenge enforcement on those grounds, further security of USD 100 million had to be provided (in addition to the USD 80 million it had already provided).

First, on the strict matter of appellate jurisdiction, the Court of Appeals said yes, it had such jurisdiction and in terms of the standard of review, «A district court decides a motion to compel arbitration under the same standard it applies to a motion for summary judgment» and that «the party opposing arbitration is given the benefit of all reasonable doubts and inferences that may arise.»

For the Court of Appeal, although cyclists (and even pedestrians for that matter) have obligations under the TSA, this should not prevent courts from applying the reverse onus provisions at s. 186 against the motorist (see para. 34 for examples of accidents involving motor vehicles, pedestrians, and s. 186).

For both nurses, the matter was next heard by the Alberta Court of Appeal, which provides for a direct appeal under the HPA, sectiAppeal, which provides for a direct appeal under the HPA, sectiappeal under the HPA, section 90.

Leave may be granted under (a) where there is a conflicting decision by another judge or court in Ontario or elsewhere on the matter involved in the proposed appeal and it is, in the opinion of the judge hearing the motion, desirable that leave to appeal be granted.

Matters can become problematic for example, when a party does not understand that an appeal on one issue does not automatically involve the entire WCB file being reviewed, or when a party wants to file multiple documents, many of which are not relevant to the issue under appeal.

Although no cases have been decided under the new definition of catastrophic impairment (CAT) at the Licence Appeal Tribunal (LAT), a number of matters recently adjudicated under... Read more

(2) For the purposes of subsection (1), the appeal tribunal may determine any matter that is relevant to the action and within the Board's jurisdiction under this Act, including determining whether

Serving and filing the Notice of Appeal: If your appeal deals with a matter heard under PART I (non parking tickets) or PART II (parking tickets) of the Provincial Offences Act, you must file the completed Notice of Appeal with the appeal court oAppeal: If your appeal deals with a matter heard under PART I (non parking tickets) or PART II (parking tickets) of the Provincial Offences Act, you must file the completed Notice of Appeal with the appeal court oappeal deals with a matter heard under PART I (non parking tickets) or PART II (parking tickets) of the Provincial Offences Act, you must file the completed Notice of Appeal with the appeal court oAppeal with the appeal court oappeal court office.

Whenever an inquiry committee decides against sending a complaint matter to a hearing, the next issue is the standing of the complainant under the relevant statutory regime to seek a review, or an appeal, of the decision.

Forms for Conservator / Guardian Matters: The forms listed in this inventory were prepared for the West Virginia Supreme Court of Appeals for use in conservator and guardian cases in the circuit courts of West Virginia under the provisions of West Virginia Code 44A - 1 - 1, et seq., which became effective on June 10, 1994, and has been subsequently amended.

By comparison, the Ontario Court of Appeal recently held in Rea v. Wildeboer confirmed that, though there is the availability of both oppression and derivative actions where the facts permit, there is still a distinction, and the court precluded the individual shareholder from suing in an oppression action over matters which should properly have been brought under a derivative action.

It was a thoroughly unsatisfactory state of affairs and the Court of Appeal under CPR 52.11 (3)-- dealing with serious procedural or other error — sent the matter for retrial.

The issue before the Court of Appeal in Phillips was whether the English court or the Swiss court, in which proceedings had also been issued by the opposing party, had first become «seised of the matter» under Art 21 of the Lugano Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters 1988.

A growth area for the commission over the year was in directions to investigate and report on matters referred to it by the Court of Appeal under the Criminal Appeal Act 1995, s 15.

One of the principal matters in dispute was the status of certain properties owned by companies in a group which, at first instance in the Family Division, Molyan J concluded was under the effective ownership and control of Mr Prest — a finding that was not contested on appeal.

Adams attempted to appeal the decision to the Board of Directors, but since the matter was characterized as one concerning amount of commission due, it was ruled unappealable under the Board's bylaws.

The court also remanded the matter back to the trial court for further proceedings to determine the proper amount of attorney fees to be awarded under the Act, and the court also awarded the Seller attorney fees for the appeals process.