However, the Tribunal notes that the case law has established that its role is not to determine whether the dismissal is justified or whether the sanction
taken against the Appellant was appropriate, but to determine whether the Appellant's actions constitute misconduct within the meaning of the Act (Caul, 2006 FCA 251 (CanLII), 2006 FCA 251; Marion, 2002 FCA 185 (CanLII), 2002 FCA 185; Secours, A-352-94).
Not exact matches
The original trial judge said that that previous case, in which the Crown
took a case
against Wallace Duncan Smith, meant «that the Crown Court had jurisdiction to try the
appellants for their conduct because a substantial measure of the activities constituting the crime
took place in England,» according to the Court of Appeal.
The second was an action
against Maroun and Cobra Hanna («Hanna») in relation to which the
appellant claimed that the lawyers failed to
take proper steps to enforce a payment agreement relating to a prior judgment
against Hanna and failed to advise the
appellant of the requirement to make full and frank disclosure when applying for a Mareva injunction, leading to the
appellant having to accept an improvident settlement.
In Ramzan, five of the
appellants took the Saik point and applied for leave to appeal
against conviction out of time.