The proposed interveners intend to file one joint factum of 20 pages or less and make
oral submissions not exceeding 20 minutes.
Not exact matches
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.
Second, it raises the issue of whether or
not a judge ought to decide, in advance of the hearing, and in the absence of
oral submissions from counsel, whether or
not oral evidence is necessary in a particular case.
Written or
oral submissions may be presented; you may or may
not be allowed to attend.
Written
submissions of some kind will usually be the first step in the process whether or
not there is to be an
oral hearing.
Where a complaint could fairly be determined on written evidence and without
oral submissions, given the nature of the jurisdiction and the desirability of speedy decision at minimum cost and with minimum formality, it was normally
not necessary for the ombudsman to hold a public hearing.
In those cases, written argument is used,
not in lieu of
oral argument, but in addition to and usually as a precursor to
oral argument.If a trial judge requires arguments to be made by written
submissions, the trial judge must allow counsel, after written argument has been exchanged, to make
oral arguments in the presence of the accused to supplement, correct, or otherwise amplify the written argument.
However, while acknowledging that full argument had
not taken place, Rix J did consider the substantive issue, within the context of extensive
oral and written
submissions having been made by the Bar Council.
Standing was argued in the written
submissions, but it did
not feature (as far as I could tell) in the
oral presentations.
They informed the Court in witness statements and / or
oral submissions that there was no such defence available because first, the doctrine did
not apply in the DIFC and secondly, even if it did, it had clearly been waived.
As a final comment, notwithstanding the error noted by the Court of Appeal («In the normal course, someone on the acquisition team would have been assigned responsibility for determining whether financial instruments that gave a lender the right to veto a change - of - control existed and, if there were, communicating with the lender to ascertain its position»)(see para. 22, FN 18), the Court acknowledged counsel's «excellent»
oral and written
submissions on appeal — even stating that the interests of the parties «could
not have been better served».
Mr. Petrie did
not intend to address the standard of review at all in his
oral submission before the Supreme Court of Canada.
Under the new Appeals Services Division guidelines there are 31 types of issue that will
not receive an
oral hearing (except in exceptional circumstances) and a small number of issues for which the worker may be allowed an
oral hearing after providing written detailed
submissions supporting the request.
An application that is within the jurisdiction of the Tribunal shall
not be finally disposed of without affording the parties an opportunity to make
oral submissions in accordance with the rules.
The Applicants are
not granted leave to make
oral submissions unless the panel hearing the appeal determines otherwise.
On February 17, 2015 the Court of Appeal dismissed Ms. Sampley's appeal, a finding that was
not unexpected given the Court's direction to Respondent's counsel during the hearing, to make
oral submissions only with respect to the issue of domestic violence.
The Ontario Human Rights Code, for example, provides that an Application within the jurisdiction of the Tribunal can
not be «finally disposed of without affording the parties an opportunity to make
oral submissions» (section 43).
At the eleventh hour, in
oral submissions, C accepted that any failure on part of its case should result in a reduction of C's own costs of
not more than 5 %.
In
oral argument, the tenant's only
submission was that he did
not have the money to pay the debt but was hopeful that his circumstances would soon change.
In
oral argument, the tenant's only
submission was that he did
not have the money to pay the debt but was hopeful that his circumstances would soon change.