Sentences with phrase «on appellant»

Regardless, the motion judge was satisfied that the respondent was innocent and ignorant of the fraud perpetrated on the appellant, and that the respondent was a bona fide purchaser of the stolen funds and thereby entitled to the funds.

The Court of Appeal was satisfied that the motion judge fully considered all the relevant factors bearing on the appellant's ordinary residency.

She also claimed that she should have been credited with a payment she made for flooring on the Appellant's account, and that the cost of a fireplace for the house was erroneously considered to be an extra expense instead of part of the insured repairs.

Once the transcript is completed, the appellant must file an electronic copy of it in the court's registry office or have Transcript Services or the commercial court reporting service that prepared the transcript do so on the appellant's behalf.

This practicum enables students to work directly on Appellant briefs in cases where appeals from serious felony convictions are pending before the Colorado Court of Appeals or Colorado Supreme Court.

You should look at Rule 23 to see what should be on the appellant's list.

8.11.4 The Comptroller must, within 14 days of receiving notice of the respondents» decision, serve on the appellant and file a notice stating whether or not he intends to file an acknowledgement

In certain circumstances payment of the court fee may be deferred if the Appellant's solicitors are operating under a CFA which imposes the liability to pay the court fees on the Appellant personally and the solicitor confirms that the Appellant would be eligible for fee remission and provides the necessary supporting evidence.

On the Appellant's evidence, she told the Respondent she would go to British Columbia with the child.

[64]... There was no adequate consideration by the judge of the impact on the appellant's case of the inability of his counsel to cross-examine K as to the allegations and her retraction of, or unwillingness to proceed with, them.

[FN1] The onus is on the appellant to establish the acts or omissions of counsel that are alleged not to have been the result of reasonable professional judgment: R. v. G.D.B, [2000] 1 SCR 520, 2000 SCC 22 (CanlII) at para. 27.

The ONCA adjourned the appeal to December 12, 2016, peremptory on the appellant mother.

With respect to trial fairness, the Court of Appeal found the Trial Judge did not raise the issue of whether counsel had cross-examined the complainants on the Appellant's assertion that it was Abdi alone who was involved in the robberies.

The respondent mounted an apparently successful, serious attack on the appellant's case aimed extensively at his credibility.

The FtT stated that the burden of proof in immigration appeals is on the appellant and the standard of proof is the balance of probabilities.

Since the accused paid full restitution, the Court declined to order the probationary period contemplated by the JSR but did impose a list of conditions on the Appellant (in addition to those set out in s. 742.3 (1) of the Criminal Code), including 200 hours of community serve and payment of the victim surcharge of $ 200.

The Court further suggests that the onus is on the Appellant to demonstrate that the third party does not have a legitimate interest in the outcome of the lawsuit, and thus an improper motive.

31 For these reasons, I conclude that the sentencing judge did not err when she clarified that the sentence she had imposed on the appellant was consecutive to the sentence he was already serving.

The latter occurred when the police failed to take reasonable steps to minimize the inherently humiliating and degrading impact on the appellant of the strip search.

Thus it was accepted that ss 319 and 321 of CA 2003 amounted to a restriction on the appellant's right to free expression and that Art 10 of the Convention was therefore engaged.

7 and 11 (d) of the Canadian Charter of Rights and Freedoms.When a claim of ineffective assistance is raised, the onus is on the appellant to establish (1) the facts that underpin the claim; (2) the incompetence of the assistance provided [FN1]; and (3) the incompetent assistance resulted in a miscarriage of justice.

The impact on the appellant's family life is indirect and incidental: neither he nor his family participated in any capacity at trial, and nothing that was said at trial related to his family.

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.

In my view, the trial judge failed entirely to consider the impact of the breaches on the appellant in assessing whether the admission of the evidence would bring the administration of justice into disrepute.

The task of demonstrating innocence is particularly difficult in this case where in addition to the passage of almost a half - century since the crime, certain immutable facts cast some suspicion on the appellant.

She did comment on the appellant's demeanour and the substance of his evidence.

There was also a dispute on the evidence as to a swelling on the appellant's hand.

If the appellant has not ordered transcripts of hearings that you think are necessary, you must file and serve on the appellant a list of the additional hearings that need to be included.

At the hearing of the appeal, Daudu faulted the judgment of the appeal court on among other grounds that it erroneously affirmed the competence of the proceedings of the Code of Conduct Tribunal, which sat on the appellant's case with only two members as against the three provided for in the provisions of Paragraph 15 (1) of the Fifth Schedule to the 1999 Constitution.

Saraki said the appellate court erred in law when it affirmed the competence of the proceedings of the CCT, which sat on the appellant's case with only two members as against the three provided for in the provisions of Paragraph 15 (1) of the Fifth Schedule to the 1999 Constitution.

Even though the Appeal Court is well aware of the status of S. 140 (2) of the Electoral Act 2010, it, nevertheless, acted to the contrary, given its own observation in its judgment that: «Whether Section 140 (2) of the Electoral Act is extant or not, no advantage can be conferred on the Appellants by declaring the 1st Appellant as a winner on the grounds of his obtaining the second highest votes as elected.»

the motion judge erred by placing the burden on the appellants to demonstrate that China was the more appropriate jurisdiction as compared to Ontario.

Although the oath has an effect on the appellants» freedom of expression, constitutional disapprobation is not warranted... There is no violation of the appellants» right to freedom of religion and freedom of conscience because the oath is secular and is not an oath to the Queen in her personal capacity but to our form of government of which the Queen is a symbol... [emphasis added]

The CAT (Mr Justice Roth presiding) reduced the total amount of the fines imposed on the Appellants by over # 30 million, and -LSB-...]

The CAT (Mr Justice Roth presiding) reduced the total amount of the fines imposed on the Appellants by over # 30 million, and set out detailed reasoning as to the flaws in the OFT's approach.

In this regard, the Judge held that there was no evidence of bad faith or unconscionable behaviour on the Appellants» part.

Moreover, the Court of Appeal noted its participation was based on the appellants ``... having informed the City that it was to be added as a party».

«The application judge correctly noted that the oath to the Queen has little effect on the appellants» rights because, properly understood, the reference to the Queen in the oath is a commitment to democratic values, one of which is equality.»

Another order of the Supreme Court determined in law that a judgment in another proceeding delineating the boundary between the properties was binding on the Appellants, although they were not parties to that proceeding.

[69] The onus was on the appellants to adduce evidence of the content of the standard of care.

Not exact matches

Although both appellants and the government argue that the ACA, read in its totality, evinces clear congressional intent, they dispute what that intent actually is... We conclude that the appellants have the better of the argument: a federal Exchange is not an «Exchange established by the State,» and section 36B does not authorize the IRS to provide tax credits for insurance purchased on federal Exchanges.

«Requiring the banks to pay treble damages to every plaintiff who ended up on the wrong side of an independent Libor ‐ denominated derivative swap would, if appellants» allegations were proved at trial, not only bankrupt 16 of the world's most important financial institutions, but also vastly extend the potential scope of antitrust liability in myriad markets where derivative instruments have proliferated,» the U.S. Court of Appeals in New York said in the ruling.A U.S. appeals court on Monday revived private antitrust litigation accusing major banks of conspiring to manipulate the Libor benchmark interest rate, in a big setback for their defense against investors» claims of market - rigging.

«It merely involves the church's publication of appellant's name on the internet.»

The Committee on Ethics or the Policy Committee may allow the appellant to provide a Committee report or a summary of the evidence in lieu of providing copies of a full record of the evidence considered by the Committee.

'' For me, I strongly hold the view that there is no dispute on the relevant / essential facts grating the claims of the appellants which relate to the determination of the action of the 1st respondent in setting up a caretaker committee of the PDP, Anambra State chapter during the pendency of the judgment / order of the Federal High Court, recognizing the appellants as the persons duly elected to that position.

As it stands, it is clear that the court below premised its decision on this issue on a wrong appreciation of the claim of the appellants before the trial Federal High Court.

In Justice Mohammed's judgment, which was read on his behalf by Justice Ejembi Eko, the apex court resolved all the three issues raised in the appeals against the appellants.

But in the three judgments on Thursday, the Justice Gumel - led panel of the appeal court upheld the appeals against the tribunal's verdicts filed on behalf of the the appellants by their lawyer, B. E. I. Nwofor (SAN).

Delivering the Appeal Court judgement on Friday, the Presiding Judge of Court of Appeal, Kaduna, Justice Umani Abba Aji, said the lower tribunal was right in its rulings, which nullified the election of the first appellant, Hon. Mansir Aliyu Mashi.

Responding on points of law, Olanipekun said the notice of appeal was deemed abandoned having not been moved before he adopted his client's appellant brief.