Sentences with phrase «submissions of the counsel»

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.

[12] Bearing all of the evidence and submissions of counsel in mind, and attempting to balance the interests of the parties, I have concluded that the following witnesses should be permitted to testify by videoconference: Mike Willems, Frank Durant, Dr. Marshall, Dr. Stimac, Dr. Berry, Dr. Scher, and Dr. Travlos.

Given the Copyright Act's non-exhaustive definition of literary work as «[including] tables, computer programs, and compilations of literary works» [7], the written submissions of counsel undoubtedly qualify as original, literary works.

The matter surfaced earlier this month after CBC Radio - Canada filed a motion with the Superior Court requesting access to an affidavit and submission of counsel in the murder trial of Mohammad Shafia, Tooba Mohammad Yahya, and their son Hamed.

After listening to the submissions of the counsel, the judge ruled that the defendant be kept in the custody of the Nigeria Prison Service, Kuje.

The Justice Abubakar Yahaya - led Court of Appeal panel fixed the date after listening to the submissions of the counsel in the suit.

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.

Or it may be extrinsic: for example, evidence that the judge issued a decision before receiving the submissions of counsel touching on an important issue; that the judge was overheard telling someone that he was determined to find in favour of one of the parties regardless of the evidence; or that there was delay in issuing the reasons or extensive incorporation of material.

Underhill LJ noted the submission of counsel for CLG that it was «reasonable to maintain a bright line between existing and new tenancies».

An accused is entitled to have his or her evidence heard in full and assessed in conjunction with all of the other evidence presented at the trial and in the light of the submissions of counsel.

Recognizing that «[a] trial judge can only determine what a fit sentence should be after he [or she] has heard all relevant evidence in open court on that subject and listened to the submissions of counsel» (R. v. Dubien (1982), 67 C.C.C. (2d) 341 (Ont.

It is quite clear here that the trial judge committed himself to an adverse assessment of the evidence of the appellant in isolation and before hearing the conclusion of her evidence and before hearing the submissions of counsel.

«I do not accept the submission of counsel for the defendant....

Initially, the Motion Judge, after hearing the submissions of counsel for both parties, proposed this formulation:

There are, however, many dock statements made during sentence hearings, after the submissions of counsel and before the passing of sentence, that are virtually daily occurrences.

[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...

After a thorough review of the materials, the case law, the applicable legislation and the submission of counsel, I can find the arbitrator fell into error when he found [the claimant] to be an insured person in accordance with the SABS.

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.

[21] Based on a review of the evidence at trial, described in part above, and the cases cited, as well as a review of the submissions of counsel, I find that the offer to settle in the amount of $ 75,000 ought reasonably to have been accepted by the plaintiff having given consideration to the foreseeable credibility problems and the negative verdict of the jury.

Where a judge orders payment of a donation to a particular charity, whether in compliance with the submission of counsel or, more significantly, of his / her own choosing the question may be asked: why did the judge pick charity X and not charity Y?

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).

[27] In this case, I agree with the submission of counsel for the claimant that there is no evidence that the respondent suffered any economic disadvantages, or lost any economic opportunities, as a result of the marriage or its subsequent breakdown.