Sentences with phrase «of appellant»

«[32] The April 30, 2009 offer expressly included the right of the appellant to a hydro box for signage.

«(ii) Even if presented on a timely basis, the appellant submits the offer failed to include all of the conditions set forth in the VLDIF dealing with well and septic installation, possession, and the right of the appellant to a hydro box for signage;..»

He heard the viva voce evidence of the respondent, her daughter, the appellant, two close friends of the appellant, and Ms. Lax.

[27] Overall, nothing in the record affords a basis for changing the joint custody order to an order for sole custody in favor of the appellant.

However, the judge who signed the divorce order was not aware of the appellant wife's answer opposing the divorce that time.

Given the deference accorded to jury damage assessments, the nature of the injury and the likelihood that, in the words of the appellant's expert, she would likely require further surgery in the future that would leave her «quite disabled», there is no basis for the Court to interfere.

Although, it was pointed out on behalf of the Appellant that in Rule 1.1 it had been stated that if any of the SIAC Rules was in conflict with the mandatory provision of the applicable law of the arbitration, from which the parties could not derogate, the said mandatory provision would prevail, such is not the case as far as the present proceedings are concerned.

The eleven misrepresentations were made more than three years before the issuance of the appellant's statement of claim.

See in particular Factum of Appellant Chevron Corporation at paras. 100 - 129 and Respondents» factum to the appeal of Chevron Canada Limited at paras. 69 - 98.

That is particularly true of an appellant's brief.

The life insurance policy in issue was originally issued by Metropolitan Life Insurance Company in the names of the appellant's mother and father.

Winmill can not be distinguished from this case on the basis that the charges in this case are different, or that the prosecution of the appellant ended with his entering into a peace bond rather than an acquittal.

He maintained in his affidavit and during his cross-examination that he had no knowledge of and did not participate in the defrauding of the appellant.

This is an appeal from the dismissal of the appellant's motion to set aside the judgment and for relief from forfeiture with respect to the default under the mortgage.

The goods were insured by the respondent, Continental Casualty Company carrying on business as CNA Canada, under a policy of marine insurance in favour of the appellant.

The court saw no basis for this court to interfere with the trial judge's conclusion.Although the trial judge erred in her characterization of the appellant's blog statement that the respondent was an anti-Semite as a statement of fact rather than opinion, the defence of fair comment could not apply if the statement was made, as the trial judge found, with malice.

Further, the ban of one year was excessive given the nature of the appellant's actions.

This contentious and lengthy family law litigation is the result of the appellant's (Mark Del Vecchio) refusal to obey orders of the court.

An adequately briefed argument contains «the contentions and reasons of the appellant with respect to the issues presented, including the grounds for reviewing any issue not preserved in the trial court, with citations to the authorities, statutes, and parts of the record relied on.

The respondent's submission that the commingling of the appellant's funds with funds in the accounts of JYC or Sunny Stable prevents their tracing was rejected.

The bonus was an integral part of the appellant's compensation package and there was nothing in the language of the bonus plan that would limit that right over the notice period.

The Respondent would also be more likely to overcome cash flow difficulties and remain a licensee of the Appellant, thereby securing the Appellant future business and the improved value of a currently occupied premises.

(2) Did the trial judge err by failing to order that all of the appellant's trial costs be paid from Mr. Paterson's estate?

However, the master's findings on these issues disposed of the factual underpinnings of the appellant's claim for set - off and counterclaim.

The US government alleged that the company was involved in illegal price - fixing, and sought the extradition of the appellant accordingly.

Confusion is fully established by proof that the Respondent's domain name is equally descriptive of the Appellant and contains its acronym.

Given that the reason for the dismissal in the instant case — an indefinite incapability on the part of the appellant to do her job, and given that the manner in which the employee was dismissed was procedurally fair — counsel for the employee was quite unable to provide a rationale which distinguished the employee's case from the case of the employee who had been dismissed following an industrial accident which had rendered that employee incapable of continuing in his employment.

The court noted that as a suffix it is «equally reminiscent of the appellant as the respondent.»

[30] My colleague concludes that the police officer, in placing his head and hand into the interior of the appellant's vehicle and scanning it with a flashlight, was not conducting a search.

When considering whether or not to grant an application for extension of time for the filing of an appellant's notice where permission to appeal has already been granted by the Asylum and Immigration Tribunal (AIT), but the notice of appeal has not been served in time, there should be a presumption that where the AIT has granted permission to appeal to the Court of Appeal the appeal ought to be heard.

Mr. Tessman had been an employee of the Appellant but the parties disagreed on whether he was at the time of the accident or not.

[74] The same rationale applies and the same result must flow, in my view, in those rare cases where — as here — «the appellant [can] point to something in the reasons of the trial judge or perhaps elsewhere in the record that make [s] it clear that the trial judge [has] applied different standards in assessing the evidence of the appellant and the complainant»: Howe, at para. 59.

The victim had been a friend of the appellant who suffered from mental illness, apparently drug - induced psychosis.

The chambers judge found that all of the Appellant's incumbent directors had material interests in the transaction, and not just Cooper.

One of the Appellant's three directors, Mr. Cooper, was a shareholder and the CFO of Black Sea Copper & Gold Corp..

BACKGROUND: The Respondent, Jaguar Financial Corporation, owned 18.55 % of the Appellant, Alternative Earth Resources», shares.

Having so determined, the judge found that Mr. Tessman was the agent and employee of the Appellant.

Indeed, some measure of what may seem to be a broad range of tolerance for hyperbolic language in this context may be taken from the apparent willingness of the appellant to absorb the slings and arrows of the «traitor» and «treason» labels without complaint.

The prosecution alleged that they could support their case by reason of the appellant designating the steps as being out of bounds.

When the contract was entered into the principal of the Appellant, Mr. Astrope, ordered blank change order forms for the purpose of evidencing agreed changes to the contract.

The police staged a judicially authorized break - in of the appellant's vehicle at a mall parking lot.

1) Did the trial judge err by failing to grant an adjournment of the trial, per the request of the appellant's wife?

She dismissed the respondents» claim that no bonus was payable because it allegedly in contravention of the criminal rate of interest, was unconscionable, or was ultra vires the objects of the appellant, the Business Development Bank of Canada («BDC»).

A competitor of the appellant pharmaceutical company, Merck Frosst, requested information under the Access to Information Act about submissions Merck had made to Health Canada.

In a concurring judgment, Lord Clarke agrees with Lady Hale that by the terms of the appellant's contract with the respondent LLP, she undertook to perform personally certain work or services for it and her status was not by virtue of the contract that of a client or customer.

The search of the appellant's person yielded the illegal drug heroine and she was charged under the Narcotic Control Act.

Peninsula Business Services v Rees (2009) UKEAT / 0333/08 / RN The EAT remitted the case to a fresh tribunal on the basis of apparent judicial bias arising from the ET judge's trenchant derogatory views on businesses such as that of the appellant made close to trial.

In a recent British Columbia Court of Appeal decision in Valmet Paper Machinery Inc. v. H.A. Davis Transport Ltd., the Court of Appeal considered a decision of the Trial Judge Groberman J. wherein he awarded the plaintiff shippers the sum of $ 1,244,000 for the destruction of a piece of equipment known as a rewinder, in the course of it being carried by a truck of the appellant motor carrier.

Prior to the signing of the lease extension, Mr. Morgan (negotiating on behalf of the Appellant) emails the Respondent (represented by its Vice President and General Manager, Mr. Bédard) and advises he has «one question left».

Seven of the Appellant's cattle become infected and are ordered destroyed by the Respondents.