Sentences with phrase «on affidavit evidence»

Summary judgment motion: In Ontario and many of the provinces, there is a court procedure that can be evoked, asking a motions judge to dismiss an action on affidavit evidence (or oral evidence) and on the facts at a stage where the person moving says a full trial is not needed.

The application was based on affidavit evidence that the deceased's exclusion of Verolin was racially motivated.

Instead, the court found it had enough basis to grant judgment under summary trial procedure, which allows for a proceeding to be adjudicated faster on affidavit evidence and out - of - court cross-examinations.

Certainly, motor vehicle accidents continue to happen, but foisting onto motion judges the responsibility to determine summary judgment motions on the basis of assessing credibility on affidavit evidence, rather than viva voce testimony, does little to instill confidence in the minds of litigants that they have had their «day in court».

This means the judge must be able to find the necessary facts and issues on affidavit evidence before giving judgement.

Rather than file responding material, the plaintiff simply relied on the affidavit evidence put forward by the defendant and argued that the limitation period for his claim started when he received an expert medical report,... Read More

[9] Summary applications are based on affidavit evidence.

The Court noted some difficulty reconciling the activities depicted in the photos with the «Plaintiff's perception of what is a physical activity» based on her affidavit evidence.

Not exact matches

The Judge had said that he was baffled with the claim of any further investigation of Dasuki by DSS because the same DSS had filed before the court affidavit evidence that they have completed investigations on Dasuki and ready for his trial.

My tweet of Friday April 20, 2018 was typical of the reaction, «Actually Buhari was describing himself - he didn't get a good education and has no certificate; he's lived on the Nigerian state all his life; he doesn't like work; and he's fixated on Nigeria's oil...» In truth, Buhari has not presented evidence of completing secondary school - in all the elections he contested, including in 2015 he tendered affidavits to INEC and has declined to perform the simple task of providing his school certificate; since he joined the army in 1961, he has been a «ward» of the Nigerian state and served in multiple states as military governor, as Minister of Petroleum and Chairman of NNPC board under illegal military regimes; he was himself an unconstitutional military head of state; he was Chairman of Petroleum Trust Fund (PTF) under the despotic and thieving dictator, Abacha; and is now back as civilian president.

Agabi specifically referred the tribunal to the evidence of Mr. Samuel Madojemu, the Head of Investigation and Intelligence Unit of the Code of Conduct Bureau (CCB) and his affidavit evidence adding that throughout his testimony, he based his evidence on hearsay from the Economic and Financial Crimes Commission (EFCC), adding that witnesses ought to be called to prove the case were no called.

The district attorney is solely responsible for decisions on civil liberties — such as signing affidavits, authorizing search warrants and wiretaps, dismissing cases when there is no evidence to support charges, or indicting someone despite his or her prominence or political connections.

An affidavit and supporting evidence filed on behalf of a former PETA employee contains the following explanations and quotes:

Although affidavits based on information and belief that fail to state the source of the information are not struck out automatically (see Carevest Capital Inc. v. North Tech Electronics Ltd. 2010 ONSC 1290 (CanLII) at para. 16), one doubts whether these vague «advised by the file» affidavits are proper information and belief evidence at all or whether they really just serve to put the affiant lawyer's personal opinion of the case before the court.

c) Unless the evidence of a lawyer is being tendered as expert testimony on the motion, it is not appropriate for an affidavit to contain legal opinions or argument.

Arbitration without oral evidence, relying on affidavits, expert reports, admissions and agreed statements of fact.

In fact, Atlas neglected to provide an affidavit from Skakie himself, offering instead only hearsay evidence from VanLeemput on the HR manager's intentions.

Child Custody and Parenting Orders Emergency Protection Orders Exclusive Possession Orders Financial Support Options Gathering Evidence of Abuse If You're Thinking of Leaving Leaving an Abusive Relationship... If you are not a Canadian citizen No Contact Orders — Flowchart Peace Bonds Planning for an Emergency Preparing for Court Queen's Bench Protection Orders Restraining Orders Serving Documents on an Abusive Party Working with a Family Law Lawyer Writing an Affidavit

Based on the Garacci v Ross decision, if the defence lawyer brings a motion for the production of social media evidence, the Plaintiff's counsel should prepare an Affidavit summarizing what each photograph depicts on their Facebook profile.

Affidavit evidence under 20.02 is still used in accordance with subrule 39.01 (4), but responding parties can no longer just rely on pleadings and must show a genuine issue for trial using their own affidavits or supporting evidence.

They moved to have the affidavit struck, alleging it offended professional conduct guidelines because it contained inaccurate assertions of evidence on disputed facts.

The affidavit evidence must be specific, must be based on the personal knowledge of the affiant as much as possible and should specify that the actual or potential damage to the plaintiff is «very serious».

The lower court's findings were «particularly problematic» given they were based so on contested affidavit evidence and without the benefit of a full hearing, said the ruling.

[84] Defence counsel argued that to the extent there are inconsistencies between the information in Ms. Lachan's affidavit and the information in Dr. Pershad's affidavit on matters of material fact, I should prefer Ms. Lachan's evidence as being more credible and resolve the inconsistencies in her favour.

The court crafted a solution: while it granted the grandparents» request to have the requirements on the clearance documents waived, the court nonetheless required them to complete an affidavit under the Act which would provide the court with the evidence to make its decision.

The affidavit evidence in this case, as in similar motions I have seen, is silent on these issues.

5 (1) A motion to dismiss under section 4 (a) may be brought on seven days notice; (b) must be given priority by the Court; (c) may be decided on the basis of pleadings or affidavit evidence; and (c) may be decided without discovery.

Apart from Professor Frazee's affidavit, the trial record lacked evidence from prominent authorities on the harms of doctor - assisted suicide to persons with disabilities.

If you have a ring on your finger, but you've lost your marriage certificate, an Affidavit of Marriage can be used as evidence of your marriage.

(iv) Where the court is not satisfied on the basis of the affidavit and the other evidence before it that the right to withhold inspection is established, it may: (a) conclude that the evidence does not establish a legal right to withhold inspection and order inspection; (b) order a further affidavit to deal with matters which the earlier affidavit does not cover or on which it is unsatisfactory; (c) inspect the documents (inspection should be a solution of last resort and should not be undertaken unless there is credible evidence that those claiming privilege have either misunderstood their duty, or are not to be trusted with the decision making, or there is no reasonably practical alternative); or (d) order crossexamination of a person who has sworn an affidavit (however, cross-examination may not be ordered in the case of an affidavit of documents.

This way, the claimant must put their evidence on the record before they have seen the potentially contradicting evidence in the engineering report.8 Since privileged documents must be listed in Schedule «B» of an affidavit of documents, but there is no duty under the Rules to update Schedule «B», it is best to serve the affidavit of documents in advance of the collection of reports and surveillance.

Elsewhere, on page 7, after summarizing affidavit evidence presented for the union by Prof. John Fryer of the University of Victoria and AUPE Negotiator Dale Perry, the judge says of affidavit evidence filed in response by the government's lawyers: «John DeCesare... is an articling student at McLennan Ross, the law firm representing Alberta.

An affidavit is a sworn document which the court relies on as written evidence to support a position.

Cross-examination on affidavit is best reserved for cases in which the affiant attests to information which is not supported by any documentary evidence.

(3) An affidavit of the person making the investigation, verifying the report as to facts that are within the person's knowledge and setting out the source of the person's information and belief as to other facts, with the report attached as an exhibit thereto, shall be served on the parties and filed and on being filed shall form part of the evidence at the hearing of the proceeding.

The Rules of Civil Procedure require that a responding party on a motion for summary judgment «must set out, in affidavit material or other evidence, specific facts showing that there is a genuine issue requiring a trial».

At minimum, surveillance evidence must be disclosed in defence counsel's Affidavit of Documents, regardless of whether the defendant intends to rely on the surveillance at trial.

-- He ordered a two - day hybrid hearing, meaning evidence - in - chief would be delivered by affidavit (relying on the affidavits already filed), with time - limited cross-examinations to take place during the trial.

The COTTFN also filed written evidence — including expert evidence and Affidavit evidence that, among other things, spoke to alleged impacts on the COTTFN's rights or the exercise of those rights.

(1) that the motion judge erred in making credibility and reliability findings on the basis of affidavit evidence;

The application was heard on the basis on the record notwithstanding conflicting affidavit evidence.

The positions set out by the employees in their affidavits conflicted with the employer's evidence on the main points at issue.

The Court of Appeal found that motion judge failed to assess the fairness of deciding this matter by way of summary judgment given the conflicting evidence and the fact that Rule 76.01 prohibited from cross-examining the plaintiffs on their affidavits.

In affidavits admitted as fresh evidence on the appeal, the police conceded that both of the statements they made to Scott were lies.

Evidence on an application is given by way of affidavit, and the requirements for same are fairly stringent in that evidence based on «information and belief» can only be relied on with respect to facts that are not contEvidence on an application is given by way of affidavit, and the requirements for same are fairly stringent in that evidence based on «information and belief» can only be relied on with respect to facts that are not contevidence based on «information and belief» can only be relied on with respect to facts that are not contentious.

Evidence on a motion is also given by way of affidavit, though the requirements are less stringent in that evidence based on «information and belief» is admEvidence on a motion is also given by way of affidavit, though the requirements are less stringent in that evidence based on «information and belief» is admevidence based on «information and belief» is admissible.

The swearing out of a complaint or rebutting evidence in all Federal civil matters (some states allow for the same) must contain an affidavit or an «unsworn declaration» that swears out the facts to be true and accurate, even though not notarized, and is based on fact and not supposition.

Our justice system is based on people presenting evidence under sworn testimony or sworn affidavit.

On Antonin's comment, one beauty of the amendments is that motions judges are no longer confined to affidavit evidence — they can now order oral evidence for the purpose of weighing evidence, evaluating credibility or drawing inferences.

The motion judge refused to consider the affidavit evidence, and held that: the arbitration agreement was a stand - alone agreement that provided only for appeals on questions of law, with leave; even if the lease were considered, it did not provide for broader rights of appeal; and that Brookfield's notice of appeal raised only questions of fact or mixed fact and law.