Sentences with phrase «own affidavit evidence»

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.

«From the affidavit evidence before the court, the applicant (EFCC) has shown clearly that the property sought to be forfeited was reasonably suspected to have been acquired with the proceeds of unlawful activities of Mr. and Mrs. Ayodele Oke in the name of Chobe Ventures.

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.

«That there is a clear suppression and misrepresentation of facts in the Attorney General's Affidavit evidence, pursuance to which the Order was granted.

The grant of the permission followed the affidavit evidence filed by the Federal Government that investigations into the alleged possession of firearms and money laundering have been fully completed.

The permission was granted following the affidavit evidence filed by the Federal Government that investigations into the alleged possession of firearms and money laundering have been fully completed.

This allows parties to file affidavit evidence, and can force a full factual record before the court to make an informed analysis of the merits of a claim.

In granting A.B.'s application for personal constitutional exemption, Judge Perell considered the affidavit evidence provided by A.B., his wife and daughter, physicians, a geriatric psychiatrist and a legal assistant of A.B.'s counsel, as well as legal argument from A.B.'s lawyers.

The photographs, when they are compared to the plaintiff's affidavit evidence, are clearly relevant to the plaintiff's perception of what is a physical activity.

Affidavit evidence that was before the court noted that Lynda Thibodeau asked in French for a 7Up, but the unilingual English - speaking flight...

[10] In my opinion, the plaintiff's pleadings and her affidavit evidence make the entire photographic record of her trips to Las Vegas and Palm Springs, and to the Caribbean, relevant to matters in question in this suit.

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.

Affidavit evidence produced by driver explaining that she was merely picking up a friend from the Pub and when she exited the parking lot of the Pub she was merely avoiding several potholes in the parking lot and swerved around them.

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.

In some cases, the court may require affidavit evidence explaining the significant of the information sought to be filed and the consequences of its disclosure to the public to the parties.

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.

After careful review of the affidavit evidence filed by both parties, the court found that their marriage contract was partially enforceable and ordered the husband to pay the wife the sum of $ 15,846.

Click below to read some of the affidavit evidence in the Ontario and B.C. marriage cases.

The Agency also received voluminous viva voce and affidavit evidence from many lay witnesses.

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

Carey responded with affidavit evidence but did not attend.

In addition to the requirements under Rule 15.04, lawyers should include in an affidavit evidence of the status of the action (e.g., have discoveries taken place, has the action been set down, are there upcoming motions) and the reason for removal.

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.

The costs of seeking a temporary Court Order may be significant as this will require the bringing of a Motion to the Court which will in turn require the preparation of Affidavit evidence.

[19] General Motors seeks to show that this case does not differ from Karakas by pointing to the affidavit evidence of one of its «senior product investigators».

In allowing the appeal from the Master's decision, Justice Gorman had held that the plaintiff failed to satisfy her onus under Rule 48.14 because she failed to file affidavit evidence.

For those not familiar with «summary trials» they are commonly referred to as «paper - trials» because no witnesses testify in court, rather the lawyers present their cases through sworn affidavit evidence.

[42] I see no usefulness in questioning Adjuster Johnston about Mr. Albertson's authority to settle the 2006 accident because he clearly had that authority from the plaintiff given the plaintiff's affidavit evidence.

Not to mention that she also considered the extensive affidavit evidence which brought to light the cognitive and behavioural needs of elephants, and the fact that they are entirely sentient and self - aware.

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.

That failure, in these circumstances, undermines the defendant's affidavit evidence, calls into question the dominant purpose for the creation of Item 4.3, and is fatal to the defendants» claim for litigation privilege over Item 4.3.

[9] Summary applications are based on affidavit evidence.

The Respondent then has 30 days in which to serve and file their affidavit evidence.

The Rule prohibits hearing applications that require affidavit evidence.

It is for the judge to decide whether a particular application requires affidavit evidence and whether any affidavits that have been tendered are relevant.

In this case affidavit evidence is necessary to determine the defendant's applications for an adjournment and a publication ban.

In the circumstances, affidavit evidence was not necessary.

Many of the orders contemplated at such a conference will not require applications or affidavit evidence.

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

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.

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

In any event, the complainants subsequently filed substantial affidavit evidence and documents with the Tribunal in response to the motion to dismiss.

(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.

In this case, the Court found that the brokerage failed to provide crucial affidavit evidence from the clients, apart from hearsay evidence, which was required to determine the issues in dispute.

This is usually done through affidavit evidence.

The availability of comparable employment opportunities is a controversial issue between the parties, unresolved by affidavit evidence or by cross-examination.

The hearing and disposing of litigation by way of affidavit evidence only or by use of truncated or expedited judicial process.

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».