Sentences with phrase «sustained on appeal»

The fee award denial was sustained on appeal.

That award was sustained on appeal.

That order was sustained on appeal.

State law says that if a denial of access to records is sustained on appeal, an agency must «fully explain in writing... the reasons for further denial.»

Not exact matches

The benefit of a tax position is recognized in the financial statements in the period during which, based on all available evidence, management believes it is more likely than not that the position will be sustained upon examination, including the resolution of appeals or litigation processes, if any.

The state government, in a communique issued here on Wednesday, has made a fervent appeal to farmers not to use oxytocin as its sustained use may cause hormonal imbalance even in human beings and harm their reproductive system.

More than that, the appeal was predicated on a deep enough investment in the genre to sustain both enthusiasm and cynicism.

Like just about every groundbreaking decision, this one includes dramatic language to make its point (and likely help sustain the decision on appeal).

Whether the issue is tracking Arctic methane or American stream flows, there's a vital need for sustained, consistent observations, but — unfortunately — there's a two - edged bias against such investments, given the appeal of focusing on science's frontiers and the tendency to target monitoring programs — which are akin to bridge maintenance — when looking to cut budgets.

Accused went to cottage of JC with whom she previously cohabited — Accused found JC with victim, another lady, in sauna — Angry words were exchanged between accused and JC — Victim testified that accused pushed her following verbal exchange, as a result victim lost balance and ended up against stove, thereby sustaining serious burns to body — Trial judge accepted victim's evidence that there was some kind of pushing — Accused convicted on one count of assault causing bodily harm, and sentenced to two - year term of probation and $ 1,000.00 fine, and accused was also ordered to provide DNA sample pursuant to s. 487.04 of Criminal Code — Accused appealed — Appeal against conviction dismissed — Although trial judge did not address analytical steps in order, he properly analyzed evidence and concluded that injuries sustained by victim were not accidental and could not have occurred in any other fashion than as stated by victim — Having provided reasons for accepting victim's evidence, trial judge was entitled to reject accused's evidence — Trial judge's reasoning, though skeletal, permitted accused and appellate court to determine how and why finding resulted.

Accused went to cottage of JC with whom she previously cohabited — Accused found JC with victim, another lady, in sauna — Angry words were exchanged between accused and JC — Victim testified that accused pushed her following verbal exchange, as a result victim lost balance and ended up against stove, thereby sustaining serious burns to body — Trial judge accepted victim's evidence that there was some kind of pushing — Accused convicted on one count of assault causing bodily harm, and sentenced to two - year term of probation and $ 1,000.00 fine, accused was also ordered to provide DNA sample pursuant to s. 487.04 of Criminal Code — Accused appealed — Appeal against sentence was allowed — Trial judge erred in concluding that discharge was not appropriate in circumstances, especially given conclusion that accused did not deliberately attempt to injure victim — Trial judge found that there was no need for either specific deterrence or general deterrence; prime concern was need for denunciation of her conduct — Section 730 of Criminal Code permits discharge in cases of this nature, provided that it was in best interest of accused and not contrary to public interest — Accused was responsible individual with no record whatsoever, she held position as counsellor and social worker for 25 years — Trial judge did not find that conviction would definitely affect her employment, but possibility existed, and such conviction would necessarily result in criminal record — There was no likelihood of re-offending — Conditional discharge would not be contrary to public interest.

Accused went to cottage of JC with whom she previously cohabited — Accused found JC with victim, another lady, in sauna — Angry words were exchanged between accused and JC — Victim testified that accused pushed her following verbal exchange, as a result victim lost balance and ended up against stove, thereby sustaining serious burns to body — Trial judge accepted victim's evidence that there was some kind of pushing — Accused convicted on one count of assault causing bodily harm, and sentenced to two - year term of probation and $ 1,000.00 fine, accused was also ordered to provide DNA sample pursuant to s. 487.04 of Criminal Code — Accused appealed against order to provide DNA sample — Appeal allowed — Order was issued to destroy DNA sample that was taken — Trial judge erred in failing to exercise discretion not to order DNA sample — Accused was first time offender, in circumstances that resulted in serious injuries, but with no intention of causing those injuries — Accused had otherwise been exemplary citizen, and likelihood of re-offending was remote.

By combining s. 241's substance with the reversed onus of s. 192, the Court of Appeal arrived at a conclusion that could not have been sustained under either provision, read on its own terms.

Supreme Court rules against doctor in cerebral palsy negligence case On April 4, 2013, the Supreme Court of Canada reversed a decision made by the British Columbia Court of Appeal, levying $ 3.2 million in damages against a Chilliwack doctor for carelessness that led to a woman's baby sustaining serious brain damage.

APPEAL from, and certiorari (309 U.S. 626) to review, a judgment which sustained the conviction of all the defendants on one count of an information and the conviction of one of the defendants on another count.