In this week's case (Walker v. Doe) the Court declared a mistrial on the 14th day of a Jury trial following closing
submissions of counsel for the plaintiff.
Underhill LJ noted
the submission of counsel for CLG that it was «reasonable to maintain a bright line between existing and new tenancies».
«I do not accept
the submission of counsel for the defendant....
We agree with
the submission of counsel for the respondents that the relationship was such that the parties could not have contemplated that the appellant could make claims against the personal respondent arising from her dismissal that she could not make against the corporate respondent.
As per
the submission of counsel for the Ethics Commissioner these are not, in any event, issues of true jurisdiction (Dunsmuir v New Brunswick, 2008 SCC 9 (CanLII) at para 59 in McIver, at para 77).
Not exact matches
Justice Agbaza, after listening to the
submission of counsel, ordered the remand
of the defendant in Kuje prison and adjourned to June 6, 2018,
for ruling on the bail application.
«She didn't allow him an in - country right
of appeal against his asylum refusal; at massive expense to tax payers she hired a private charter plane to remove Mr Muazu to Nigeria today - no other returnee was on the plane;
for the out
of hours injunction she instructed Queen's
counsel to make
submissions.
In his own
submission,
counsel to Aminu Baba - Kusa, a former Executive at NNPC, Mr. Solomon Umor informed Justice Baba Yusuf that «ordinarily the prosecution ought to apply
for a bench warrant against Dasuki
for a failure to appear in court
for trial but noted that in the instance case, the prosecution would not do so because they are the one responsible
for the absence
of Dasuki because
of his unwarranted detention.
In his own
submission,
counsel to Aminu Baba - Kusa, aformer Executive at NNPC, Mr Solomon Umor informed Justice Baba Yusuf that «ordinarily the prosecution ought to apply
for a bench warrant against Dasuki
for a failure to appear in court
for trial but noted that in the instance case, the prosecution would not do so because they are the one responsible
for the absence
of Dasuki because
of his unwarranted detention.
Justice Hassan held, «I am in complete agreement with the
submission of the learned
counsel for the applicant (EFCC) that the property sought to be attached are reasonably suspected to be proceeds
of unlawful activities and that by every standard this huge sum
of money is not expected to be kept without going through a designated financial institution; more so, nobody has shown cause why the said sum should not be forfeited to the Federal Government
of Nigeria.
In his
submission for bail, Mike Ozekhome,
counsel to Sen. Melaye prayed the court
for a speedy trial
of the matter.
Granting the application on Wednesday, Justice Aikawa held, «I have perused all the processes filed and the
submission of learned
counsel for the applicant.
The judge said he sought legal advice on News UK's response to his questions but before he had received the
submission from independent
counsel, the publisher told him «they would not be seeking the recovering
of the costs that had expended in paying
for the defence
of the defendants».
Justice Kolawole after listening to the
submissions of both
counsel, adjourned till Monday, December 14, 2015
for ruling on the bail application and ordered the accused be remanded in EFCC custody.
The judge
of the High Court Anyigba, Hon Justice R.O Ayoola after listening to all the
submissions by the
counsels adjourned the suit to Wednesday 17th January, 2017
for hearing
of the application
for judgment.
We estimate a total increase
of 98,336 hours
of burden
for parent PLUS applicants at private non-profit institutions (56,192 hours
for the collection and
submission of documentation
of existing extenuating circumstances or to obtain an endorser who does not have an adverse credit history, plus an additional 29,030 hours
of enhanced
counseling for parent applicants who qualify
for a loan after demonstrating that extenuating circumstances exist, and an additional 13,114 hours
of enhanced
counseling for parent applicants who receive a loan after obtaining an endorser who does not have an adverse credit history) under OMB Control Number 1845 - 0129.
We estimate a total increase
of 27,755 hours
of burden
for graduate and professional student PLUS borrowers at public institutions (18,503 hours
for the collection and
submission of documentation
of extenuating circumstances or to obtain an endorser who does not have an adverse credit history plus an additional 6,325 hours
of enhanced
counseling for borrowers with extenuating circumstances and an additional 2,927 hours
of enhanced
counseling for the borrowers who receive a loan after obtaining an endorser who does not have an adverse credit history) under OMB Control Number 1845 - 0129.
We estimate a total increase
of 50,391 hours
of burden
for graduate and professional PLUS borrowers at private non-profit institutions (33,594 hours
for the collection and
submission of documentation
of existing extenuating circumstances or to obtain an endorser who does not have an adverse credit history plus an additional 10,712 hours
of enhanced
counseling for borrowers who received a loan after demonstrating that extenuating circumstances exist and an additional 6,085 hours
of enhanced
counseling for the borrowers who received a loan after obtaining an endorser who does not have an adverse credit history) under OMB Control Number 1845 - 0129.
We estimate a total increase
of 18,340 hours
of burden
for parent PLUS borrowers at private
for - profit institutions (10,480 hours
for the collection and
submission of documentation
of extenuating circumstances or to obtain an endorser who does not have an adverse credit history, plus an additional 5,709 hours
of enhanced
counseling for parent borrowers who qualify
for a loan after demonstrating extenuating circumstances, and an additional 2,151 hours
of enhanced
counseling for the parent borrowers who received a loan after obtaining an endorser who does not have an adverse credit history) under OMB Control Number 1845 - 0129.
We estimate a total increase
of 539 hours
of burden
for parent PLUS loan applicants at foreign institutions (308 hours
for the collection and
submission of documentation
of extenuating circumstances or to obtain an endorser who does not have an adverse credit history, plus an additional 142 hours
for enhanced
counseling for parent PLUS loan applicants who qualify
for a loan after demonstrating extenuating circumstances and an additional 89 hours
of enhanced
counseling for applicants who receive a loan after obtaining an endorser who does not have an adverse credit history) under OMB Control Number 1845 - 0129.
We estimate a total increase
of 3,640 hours
of burden
for graduate and professional student borrowers at foreign institutions (2,426 hours
for the collection and
submission of documentation
of extenuating circumstances, or to obtain an endorser who does not have an adverse credit history, plus an additional 753 hours
of enhanced
counseling for borrowers who qualify
for a loan after demonstrating that extenuating circumstances exist, and an additional 461 hours
of enhanced
counseling for the borrowers who receive a loan after obtaining an endorser who does not have an adverse credit history) under OMB Control Number 1845 - 0129.
We estimate a total increase
of 16,477 hours
of burden
for graduate and professional student PLUS borrowers at private
for - profit institutions (10,984 hours
for the collection and
submission of documentation
of existing extenuating circumstances or to obtain an endorser who does not have an adverse credit history, plus an additional 3,804 hours
of enhanced
counseling for borrowers who qualify
for a loan after demonstrating that extenuating circumstances exist, and an additional 1,689 hours
of enhanced
counseling for the borrowers who receive a loan after obtaining an endorser who does not have an adverse Start Printed Page 63329credit history) under OMB Control Number 1845 - 0129.
We estimate a total increase
of 136,569 hours
of burden
for parent PLUS applicants at public institutions (78,039 hours
for the collection and
submission of documentation
of existing extenuating circumstances or to obtain an endorser who does not have an adverse credit history, plus an additional 43,280 hours
of enhanced
counseling for parent applicants who qualify
for a loan after demonstrating that extenuating circumstances exist, and an additional 15,250 hours
of enhanced
counseling for parent applicants who received a loan after obtaining an endorser who does not have an adverse credit history) under OMB Control Number 1845 - 0129.
It is important that as veterinarians we encourage open reporting
of health results by
counseling breeders to initial the boxes
for open disclosure
of test results on the OFA
submission forms.
Counsel for the appellant agreed that he could not rely on res ipsa loquitur on the facts
of this case and he limited himself to the two
submissions to which we have referred.
The compromise settled upon by the Court and agreed by
counsel for ENRC was that the hearing
of Zamin's
submissions would be inter partes, but only the court and Zamin would have access at that stage to copies
of the agreements themselves.
It was entirely reasonable
for defence
counsel to seek an opportunity to research and consider the law before making
submissions to the court, and it may well have been
of considerable assistance to the court.
«Protection
of reputation should be declared a stand - alone constitutional right under section 7
of the Charter, subject to the same vicissitudes as freedom
of expression, namely, the further removed from its core value, the less worthy
of protection,» states Timothy Danson, lead
counsel for the doctor, in written
submissions filed with the Court
of Appeal.
Charter
of Rights and Freedoms: The Crown brought a dangerous offender application; following the hearing and
submissions,
counsel for Donald Joseph Boutilier served a notice
of constitutional question in relation to several amendments to s. 753
of the Criminal Code.
Notable mandates: Acting
for Redberry Investments Corp. in becoming the Canadian master franchisee
for Burger King Corp.; acting
for Dundee Kilmer Developments Ltd. in the development
of the condominium components
for the 2015 Pan Am Games Athlete's Village; principal negotiator and
counsel to the Algonquins
of Ontario in ongoing treaty negotiations in a land claim covering 36,000 square kilometres; representing insurers involved in the Elliot Lake Mall collapse; representing Financial Advisors Association
of Canada (Advocis) in
submissions to the Supreme Court
of Canada regarding McLean v. British Columbia Securities Commission.
[31] In her further written
submissions counsel for the AGO argued that the police are a separate arm
of the government from the AGO.
Pratte and
counsel for Douglas will have until June 15 to make their
submissions on the use the committee should make
of the information and whether it should be part
of the evidentiary record.
But the parties were agreed that when
counsel for the secretary
of state was making
submissions in the Inner House on the appropriate remedy she had conceded that the appellant would be granted indefinite leave to remain if the court were to decide to restore the decision
of the adjudicator.
Implications
for pleading and sentence
submissions Understanding the implications
of the IRPA changes is equally important when negotiating with the Crown, in case there is an option
for the client to plead guilty to a lesser offence, and / or
for counsel to develop a joint sentencing
submission.
The deadline is fast approaching to make a
submission for the Association
of Corporate
Counsel's Value Champions award.
But in her
submissions, law society discipline
counsel Deborah McPhadden urged the panel to ignore the idea, claiming Robinson's case would not have met the guidelines
for sentencing circles in criminal matters because
of the seriousness
of his offence.
In their lengthy
submission, Philip Campbell and Ian Smith,
counsel for Ms. DeMerchant and Mr. Sukonick, take the position that the Law Society should pay much
of the $ 3,600,000 in fees expended to answer the charges.
[132] After having considered all
of the foregoing evidence, the
submissions of counsel and the case authorities they have cited, I consider that, subject to an adjustment
for his failure to mitigate, which I will deal with in the paragraphs that follow, an award
of $ 75,000 fairly compensates the plaintiff
for his pain and suffering and loss
of enjoyment
of life and amenities...
The fact that the dominant, if not overwhelming, focus
of the defendant's application is an order
for special costs against
counsel is patent from the
submissions of the parties as well as from the materials and authorities that each has filed...
By adding codes to time entries it is possible
for receiving systems to electronically test invoice
submissions, allowing
for consistent enforcement
of a law department's outside
counsel billing guidelines and alleviating some
of the burden on bill reviewers.
Although there was nothing in her January 19 reasons about the merger
of the two sentences (contrary to the sentencing judge's comment in her January 21 reasons), the reality is that the sentencing
submissions of both
counsel and the dialogue between
counsel and the judge make it crystal clear that everyone was on the same page — namely, the sentence imposed
for the appellant's tenth impaired driving offence would be consecutive to the sentence he was already serving
for his ninth conviction
for the same offence.
In the context
of addressing the conventional sentencing framework, Justice Green said this about Crown
counsel's
submission, at para. 59: «On an orthodox range - driven assessment, the nature
of the drug and the amount here implicated would ordinarily call
for a penitentiary - length disposition, if one towards the lower end.
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».
For anyone interested I am happy to provide a copy
of the full certified transcript which includes
submissions from
counsel.
After the evidence in the dangerous offender hearing was completed, and after the Crown had completed its
submissions,
counsel for the Applicant served a notice
of constitutional question in relation to several amendments to s. 753.
The same applies to [
counsel for the department's]
submission that the employee should show a basis
for saying that the adoption or use
of the length
of service is wholly disproportionate or dishonest.
I am bound to say that in this appeal the oral
submissions on behalf
of the NIHRC only repeated in rather more emphatic terms the points which had already been quite adequately argued by
counsel for the appellant.
This includes helping design and implement programs
for compliance with license requirements, developing mandatory FERC compliance filing
submissions,
counseling on FERC staff - led site inspections, responding to regulatory allegations
of noncompliance, and conducting internal investigations
for company - identified instances
of potential noncompliance.
At § 8
of the judgment Simler J recorded her gratitude to
counsel and their legal teams
for ``... the excellence
of the
submissions, both written and oral.»
In their lengthy
submission, Philip Campbell and Ian Smith,
counsel for Ms. DeMerchant and Mr. Sukonick, take the position that the Law Society should pay much
of the... [more]