Sentences with phrase «of substantive appeals»

Leaving aside leave applications, the actual number of substantive appeals heard and disposed of currently is much smaller than that: 22 in 2012 and 16 in 2013.

Not exact matches

The NDP could have framed this debate as one of protecting Alberta jobs and an Alberta - based company, rather than just about cancelling a contract with a giant Australian company (it was later announced that an appeal panel determined that Alberta Health Services breached its duty of procedural fairness in the RFP process in a substantive manner).

THE battle to determine the standard - bearer of the Peoples Democratic Party (PDP) in Bayelsa State, on Thursday, shifted to the Court of Appeal, Abuja Division, as Governor Timipre Sylva told the five - man panel, headed by Justice Zainab Bulkachuwa, that the PDP had invoked its jurisdiction in order to stall hearing of the substantive matter at the Federal High Court sitting in Abuja.

He said he and his colleagues were supporting Sheriff because of the judgement of the Court of Appeal, which pronounced him as the party's substantive national chairman.

In his substantive appeal to the Supreme Court against the appeal court judgment, Saraki maintained that the panel of the CCT was not well constituted because it comprised two members instead of three provided for by law.

He directed that the appellants should raise the issues in their interlocutory appea ls in when they file substantive appeals which they wish to file against the Court of Appeal's judgment delivered on Thursday.

«We therefore humbly and passionately appeal that the President and Acting President, as a matter of urgent national importance, should do the needful and forward Justice Onnoghen's name to the Senate for confirmation as the substantive CJN, in compliance with section 231 (1) of 1999 Constitution (as amended).»

Some indigenes of Cross Rivers State, under the aegis of Cross River State Elders Forum, have appealed to President Muhammadu Buhari to promptly send the name of the Acting Chief Justice of Nigeria, Justice Walter Onnoghen, to the Senate for confirmation as substantive CJN.

I will of course institute an appeal immediately at the Supreme Court praying the apex court to not only set aside the ruling of the Appeal Court but to also go ahead and determine the substantive mappeal immediately at the Supreme Court praying the apex court to not only set aside the ruling of the Appeal Court but to also go ahead and determine the substantive mAppeal Court but to also go ahead and determine the substantive matter.

The School challenged OFSTED's Complaints Procedure on the basis that if an organisation, such as OFSTED, has an internal Complaints Procedure it ought to be «a fair and robust process that permits a substantive challenge and which gives the complaining party the possibility, in appropriate cases, of having the decision changed» (although it was accepted that «fairness» does not necessarily require an external appeals process).

The U.S. Court of Appeals for the Tenth Circuit has ruled that a school district did not violate a student's right to substantive due process by suspending him when he should have known that he brought a weapon onto school grounds.

Regardless, the 2017 Nissan Pathfinder still belongs to this latest iteration, and numerous substantive updates for this year make it more appealing and help it keep up the tradition of evolving for the changing times.

At the centre of this appeal is the approach to be taken by a court to judicial review of such decisions, both on procedural and substantive grounds.

Seminal case setting forth the substantive and procedural guidelines for imposition of sanctions for a dilatory or frivolous appeal.

This is a broad - ranging legal information and research blog with a mission to focus on legal stories of substantive importance rather than sensational appeal and cover both national and international legal news.

Given the antecedents of s 222 mentioned above, the Court of Appeal noted that that provision does not confer substantive powers but is simply a procedural measure which gives powers to local authorities, previously vested only in the attorney general.

According to Bennett's post, Gibson charged $ 107,000 for an appeal with six pages of substantive argument.

Hearing around 20 substantive appeals a year the Court's work can be compared with the corresponding number of 60 in both the House of Lords (now Supreme Court) and the High Court of Australia.

Any substantive need for RBS to appeal on the waiver aspect of the first decision of Birss J therefore fell away (and RBS's appeal in relation to other aspects of the decision was in any event settled).

Permission to apply for judicial review was refused by the High Court, but granted by the Court of Appeal, which went on to hear and dismiss the substantive application for judicial review.

Critical to the decision of the Court of Appeal was the wording of cl 1 of the lease which set out the term granted in the following way: «from and including 1 January 2003 to 28 September 2004 (hereinafter called «the term» which expression shall include any period of holding over or extension of it whether by statute or at common law or by agreement)...» Rimmer LJ, who gave the only substantive judgment in the case, referred to the words in brackets in this clause as «the words of extension».

Mr. Burt represents banks, insurance companies, other financial institutions and major building materials manufacturers in a range of substantive areas including major litigation and appeals, regulatory investigations and resolutions, mergers and acquisitions, trademark and intellectual property.

She has successfully handled appeals in a wide variety of substantive areas, including employment, banking, class action, product liability, breach of contract, tort and insurance matters.

The Court of Appeal dismissed the moving parties» arguments and noted that Justice Newbould found that a pro rata allocation did not constitute a substantive consolidation of the Nortel debtors» estates.

As far as the claims under EU law were concerned, it was common ground before the Court of Appeal that, so far as relevant to the instant case, Article 47 of the Charter had the same substantive content as Article 6 of the Convention.

At the Court of Appeal, UBC alleged that the Tribunal had made several errors of fact and law, including in refusing to consider modifications of the residency program as relevant to finding that disability was a factor in Dr. Kelly's adverse treatment and in considering both the procedural and substantive elements of the duty to accommodate.

127 The comments made by the Manitoba Court of Appeal in R. v. Drury87 are apt even though they concern the sufficiency of evidence on the substantive offence rather than the sufficiency of circumstantial evidence in providing reasonable grounds for arrest.

The last six months have seen some interesting substantive law developments in the disputed wills field, most notably the clarification of the appropriate test for testamentary capacity in Re Walker (Deceased)[2015] WTLR 493, and more recently, the reining in of the expanded doctrine of Donatio Mortis Causa by the Court of Appeal in King v Chiltern Dog Rescue [2015] EWCA Civ 581, [2015] All ER (D) 105 (Jun).

After law school, she clerked at the US Court of Appeal and she offers deep understanding and insight on both procedural questions of how the court operates and on the substantive issues in question.

Arbitrator Hall concluded that the exclusion of birth mothers from parental leave SEB benefits breaches the substantive equality rights of birth mothers, but this decision was appealed and overturned at the B.C. Court of Appeal.

Provides regardless where a court temporarily sits, the court would continue to preside on behalf of its original jurisdiction (i.e. judicial department, judicial district, county, city, etc.) and the same substantive and procedural laws (e.g. governing venue, jury selection, papers and appeals) would apply as if the court were not relocated.

She has handled appeals in a number of substantive areas, including bankruptcy, environmental, insurance, reinsurance, regulatory, land use, tax, and probate.

I am going to leave the substantive discrimination aspects of this decision to others (my colleague Jennifer Koshan posted on Justice Peter Michalyshyn's earlier decision at the Court of Queen's Bench ruling in this matter — Bish v Elk Valley Coal Corporation, 2013 ABQB 756), and instead focus only on what the Court of Appeal has to say about standard of review in administrative law.

This approach will not lend itself to the reform of every single of the many contentious issues, in particular not to the isolated reform of specific substantive investment protection standards; but it may work for taking care of other systemic matters that can be dealt with independently of substantive protection standards, such as introducing corporate social responsibility or creating an appeals facility for investment treaty awards.

However, as the Court of Appeal noted, the real issue is whether the provision affects a substantive or «vested» right.

HFW appealed to the English High Court under section 67 of the English Arbitration Act 1996, which allows parties to challenge an arbitral award on substantive jurisdiction.

Nevertheless, our extensive experience in civil appeals has given us a deep understanding of substantive law in a number of areas.

Similarly, in the subject decision, the Court of Appeal set out that when reviewing a decision for reasonableness, a court must consider «the reasons proffered and the substantive outcome in light of the legal and factual context in which the decision was rendered».

Advising on and representing in respect of applications under s. 9 (stay of legal proceedings), s. 67 (substantive jurisdiction challenge to award) and s. 68 (serious irregularity challenge to award) and appeals on point of law under s. 69 Arbitration Act 1996.

Most recently, in R v Oakes, 2016 ABCA 90, the case that is my topic here, the majority ruling of Justices Myra Bielby and Frederica Schutz, at para. 11, adopted the opinion in R v Truscott (2007), 225 CCC (3d) 321 (Ont CA) where a unanimous five member panel of the Ontario Court of Appeal stated, at para. 110, that the power to overturn a conviction founded in a miscarriage of justice, ``... can reach virtually any kind of error that renders the trial unfair in a procedural or substantive way.»

The result for standard of review analysis is that the presumption of deference to substantive decisions made by statutory tribunals should be alive and well in Alberta, but it should be noted there is a growing resistance to the presumption not only at the Alberta Court of Appeal but also within the Supreme Court of Canada.

The Court of Appeal determined it was «significant» the substantive proceedings in California were between Monster and Mr. Schechter and his firm.

The first substantive ground of appeal was that the judge misapprehended the legal argument and basis upon which CIBC advanced its defence.

The Supreme Court allowed the appeal, on the procedural ground by a majority of 6 to 3, and on the substantive grounds by a majority of 5 to 4.

These decisions result from an application before a justice in chambers from a person who seeks permission to proceed with a substantive appeal of an administrative decision.

During oral argument, the Court clearly was concerned about the lack of a clear substantive definition on appeal for «reasonableness» in this context.

(3) in light of the prevalence of consent orders in family proceedings, allowing consent orders to be more easily appealed if children are the subject matter of the order may open the floodgates to appeals on other substantive issues.

On substantive legitimate expectations, I take the side of the Court of Appeal in Coughlan, arguing in the teeth of strong criticism of that decision that there are indeed good reasons for courts to enforce substantive legitimate expectations, though I also observe that the Court of Appeal probably went too far in one important respect.

Last month the Court of Appeal handed down a judgment clearly demonstrating that the problem of tribunals involving themselves with substantive fact finding remains a perennial one.

The substantive claim was then considered by the Court of Appeal.