Sentences with phrase «under appeal»

The decision is currently under appeal and if upheld would require the legislature to write new laws.

[a] n issue is new when it raises a new basis for potentially finding error in the decision under appeal beyond the grounds of appeal as framed by the parties.

According to the applicants, setting aside the judgment under appeal, or in the alternative reducing the fine imposed on them, constituted such effective remedies.

Does the terminology «contested» when applied to a case under appeal, mean simply that the defendant is appealing the the appeal, or does it mean something different?

Each was sentenced to 6 years imprisonment, but the judgment is still under appeal.

The application before the court turned on whether the issues under appeal were sufficiently complex to justify the appointment of government - funded counsel.

Thus, the court only had to consider the legal issues that arose out of the conviction for attempted murder, which was under appeal by the defence.

This one could possibly also fall under the appeal to nature fallacy, which has been more damaging than ever lately.

The car's biggest appeal for me remains that there's actually a comfortable, useful, and decent driving car under that appealing exterior.

[40] The cars ran in the race under appeal.

The relatively simple issue of whether an injunction should be granted (currently under appeal) masks the complexity of the underlying facts and legal issues at play.

A few days before the Miami ruling came out, I was interviewed by Elaine Silvestrini of the Tampa Tribune about my Tampa same sex divorce case now under appeal in the Second District Court of Appeals and how the Florida Keys ruling may or may not affect the divorce case.

[2] The appellant contends that the order under appeal in effect varied the order of the Ontario Court of Justice made under s. 29 of the Children's Law Reform Act, and that the Superior Court of Justice had no jurisdiction to make the order.

(Please note the case discussed in this post is currently under appeal at the Supreme Court of Canada)

Here, Wagner J. wrote the decision under appeal so obviously could not sit.

We will continue to explore our options under the appeal process.»

'')[under appeal A-123-13] has established that the relevant date for patent sufficiency is not until the publication date.

A recent decision of the Federal Court in Novartis v Teva 2013 FC 283 («Novartis»)[under appeal A-123-13] has established that the relevant date for patent sufficiency is not until the publication date.

[7] Gilead v Idenix 2015 FC 1156 (Annis) at paras 259 - 260; 380 - 382, 401, 412 (under appeal A-483-15).

The recent ruling in support of Vicky Giasemis, the chapter leader of PS 90 in Coney Island, is also a landmark because it is the first time that a principal's rating has been overturned under an appeals process that the UFT insisted on as an essential part of any fair and impartial teacher evaluation system.

The case was under appeal after Judge John Dietz's lower court ruling that the Texas school finance system is unconstitutional because it «fails to provide an adequate, suitable education.»

Charter schools are self - managed public schools that must either be approved by public school districts or by the state under an appeal.

There was a Tax Court case in 2011 whereby a part - time babysitter with no set hours or availability was determined to be self - employed under appeal, but a full - time caregiver for your children is likely an employee.

The case is under appeal before the Division Bench of the High Court and any further journey beyond 31st December by this Indian luxury Train requires approval of the court.

(The University of East Anglia refused my 2011 FOI request for the critical attachments to this correspondence, a refusal presently under appeal at the UK ICO.)

[166] In conclusion, the decision under appeal discloses some errors in its conclusion that negligent misrepresentations were made.

, 2014 FCA 110, the Federal Court of Appeal issued the latest decision in the long - running saga to determine the scope of family status protection under the

The dignity issues which arise in the case under appeal involving prisoners were analogized in the courts below to the circumstances of «those who have been committed to mental hospitals» (per Strayer, J. at p. 296) and «a hospital setting» (per Marceau, J. at p. 392).

British Columbia's judges can not preside over out - of - province hearings but may use video conferencing to connect with B.C. courtrooms from afar, under an appeal court ruling.

The judgement under appeal denied the relief sought by Appellant; in its essential provisions, it reads as follows:

Open letter to all Ontario MPPs alerting them to the requirement in WSIB's «modernisation» of the appeals system that makes injured workers sign a formal «acknowledgment of risk» — the (downside) risk that if they go ahead with the appeal, the WSIB may deny other benefits not under appeal!

Rather, at best, the Chief is a surrogate rights holder on behalf of all the people who, although not parties to the matter under appeal to the LERB, have private information contained in the Record.

Under Appeal Code, note that your funds are to be applied to: The Trammell / Ahlers / Studwell Law Library Fellowship Fund.

(Update February 9, 2012 — the below decision is under appeal with the BCCA granting leave to appeal on February 9, 2012)

The decision under appeal finds that Fraser Hillary's Limited liable in nuisance and under the Environmental Protection Act, R.S.O. 1990, c. E19.

Unless the statute that applies to the decision under appeal says otherwise, a notice of appeal must be served within 30 days after the date of the judgment or order the appellant is appealing.

The Steven Avery case is again under appeal, with a reconsideration motion filed in January of this year.

(2) If the order under appeal requires the appellant to pay a sum of money, the appellant must deposit that sum with the security for costs.

As pointed out in painful clarity by the plaintiffs in the historic CCJEF v. Rell case now under appeal to the Connecticut Supreme Court, too many of our public school students are denied their state constitutional right to an adequate and equitable education.

I believe that participation of Coalition of Provincial Organizations of the Handicapped as an intervenor would assist This Honourable Court in its consideration of the judgment under appeal.

The Court decisions regarding the first version are still under appeal so everything could be upset by later rulings on the first version.

Brown J.A. ruled there was no serious issue under appeal and that no irreparable harm would result to the husband from the failure to grant a stay.

The case is currently under appeal.

The former concept can not, as the General Court held correctly in paragraph 43 of the order under appeal, refer to all acts of general application but relates to a more restricted category of such acts.