Sentences with phrase «under appeal finds»

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.

Not exact matches

Last year, the New York - based 2nd U.S. Circuit Court of Appeals disagreed, finding that the DMCA applied to infringement claims brought under federal and state law, including oldies songs.

Indeed, if we read the website of the Family Education Trust (which does not make its appeal to any text or creed) we find, under the heading «The Importance of the Family», the following:

The founding generation eschewed any hypostatizing derailments, particularly the abandonment of the divine communion, and sought to transfer the responsibility as «carrier of the order of history» from the empire to the republican citizen who understood that «revelation» acted as «God's appeal to man to place himself under his order...»

The combination of a fresh start away from Bayern plus renewing acquaintances with Klopp is believed to appeal to the Germany international, who has found opportunities limited under Guardiola and struggled with injuries during his time in Bavaria.

(I find that I have to carry on with some things like Halloween, Christmas and New Year's — even though hiding under a rock sounds more appealing — just because I have kids.

I have to find another one, because packing up and going to visit her 3 hours away with two kids under two is not an appealing idea.

These items still take skill and artistic flair to create, and part of the appeal of Folksy to me was the sheer variety of goods on offer and the way that many different types of creativity could be found under the same roof, this seems to no longer be the case and I'm concerned about the further changes to come.

Giving the lead judgement, master of the rolls Lord Dyson found the rules governing the appeals process under fast - track were «systemically unfair and unjust» because «the time limits are so tight as to make it impossible for there to be a fair hearing of appeals in a significant number of cases».

«It was under this cloud that members of the APC made the appeal to me to join their party, with the promise that the injustices and failure to abide by its own constitution which had dogged the then PDP, would not be replicated in the APC and with the assurance that the vision other founding fathers and I had for the PDP could be actualized through the All Progressives Congress.

Common sense should have informed the Government that the provisions of Article 280 (2) entrusting to the Court of Appeal appellate jurisdiction over such adverse findings would have been meaningless if the Government had a first administrative review authority to selectively overrule or reject or confirm such adverse findings made against persons by the Commissioner appointed under Article 278.

In a decision released Tuesday, the 2nd U.S. Circuit Court of Appeals found that competitive cheerleading does not yet meet the standards of a varsity sport under Title IX, the 1972 federal law that mandates equal opportunities for men and women in education and athletics.

Having raised the issue of Neo-Liberalism and obviously finding growing decent in the ranks of the Labour Party, he thought he would camouflage the new Neo-Liberal agenda under the guise of Blue Labour, unfortunately for him it was again obvious to a lot of people not just Labour members, that this was not Labour and a swing further right to appeal to the Tories.

A recent appeals court ruling found that school districts weren't under the jurisdiction of the New York State Division of Human Rights.

This is not to imply that Mr. Silver's retrial is pointless; indeed, the appeals court that overturned his verdict noted there was enough evidence to still find him guilty under the narrower definition of corruption.

The Planning Board conducted a review of the project and on September 10 issued a «negative declaration» under State Environmental Quality Review Act (SEQRA) review, meaning that the Planning Board found that there would be no significant adverse environmental impacts from the project, and issued a «preliminary» site plan approval of the project subject to Zoning Board of Appeals (ZBA) review of «performance standards.»

Find a singles group that appeals to you by browsing available options under the «Singles» tag.

The meaning of the film does have a sweet nature about second chances as DuVall described to me on the red carpet, but anyone under the age of 60 might not find the themes here very appealing.

Denver District Court found in 2011 the program violated the Public School Finance Act of 1994 and other provisions of the state Constitution, but it was overturned by the Colorado Court of Appeals in 2013, saying the petitioners lacked standing to sue under the act and that the voucher program did not violate the state Constitution.

If it is found that a person who is employed or under contract in a capacity described in subsection (1) does not meet the level 2 requirements, the person shall be immediately suspended from working in that capacity and shall remain suspended until final resolution of any appeals.

«The Court of Appeals finding properly acknowledges that the school district's responsibility under the IDEA is not to cure or remediate all effects of a child's disability, but to serve students with a demonstrated «need» for special education and related services in order to benefit from his or her education,» said NSBA Associate Executive Director and General Counsel Francisco M. Negrón, Jr. «Given that the student in this case is academically successful, it may be more appropriate to address non-educational concerns through other accommodations.»

«What we're finding now, with eight or nine months of sales under our belt, is the car is appealing to other customers.»

On the podcast, Michaels talks about the appeal of writing gritty crime fiction and he talks about an organization he founded called Story Tellers that works with under - served teenagers and young adults in a community - based effort to develop and promote literacy through writing.

In hopes that potential adopters will find a «Chiratoodle» or a «golden Chinscher» more appealing than a plain old mutt or «Chihuahua mix,» an animal shelter in California has begun DNA testing some of its dogs to determine their breeds and market them under more exotic names.

You can make gardens less appealing to cats by placing small - gauge chicken wire just under the soil or using other deterrents that cats find uncomfortable to walk on.

Worse, those still under Konami's reign who approved of any employee's outspoken views or criticisms would find themselves going through a reshuffling of sorts — most likely said demotion to a less - appealing part in the company.

His paintings are so appealing at first sight, as delightful coloured patterns with pleasing figurative imagery, that many look no longer, or see no further, and for them the magical metamorphosis does not take place; they do not find that they are standing on a little terrace under a walnut tree looking through an overgrown garden straight towards the afternoon sun which is sparkling on the Seine below them, and all looking not as it would to them, but more mysterious, more overpowering, fuller of space and light and colour and overwhelmingly real and harmonious.

But wait, there's more — read Michael Cernovich's post, «Poor Betty Lou,» to find out how Dossett's attorney effectively sued the bank under section 1983, won her a $ 1.56 million jury settlement and then ended up in appeals court anyhow.

But the Nova Scotia Court of Appeal found the wording of NSBS's amended regulation went beyond the regulator's authority under the Legal Profession Act.

The appellate court affirmed the appeal of the postjudgment appeals ruling, finding the trial judge properly found the «gist» of the complaint / cross-claims were to enforce provisions of the governing documents on equitable theories such that plaintiff prevailed and was entitled to fees under Civil Code section 1354 (c).

Barring a legal defect, he found insurers with cases involving awards under $ 100,000 were the most likely to avoid appealing or later abandon it, and those that reached hearings tended to be upheld.

The Court of Appeal's reasons for judgment (from which the application was made), dismissing an application for leave to appeal to it, can be found under Re Ivaco Inc. (2007 ONCAAppeal's reasons for judgment (from which the application was made), dismissing an application for leave to appeal to it, can be found under Re Ivaco Inc. (2007 ONCAappeal to it, can be found under Re Ivaco Inc. (2007 ONCA 746).

However, in Harb v King Fahd Bin Abdul Aziz [2005] EWCA Civ 1324, [2005] All ER (D) 110 (Nov) the Court of Appeal, with some hesitation, found that an application under s 27 of MCA 2005 (neglect to maintain) depended upon joint lives.

In dismissing the appeal in B.C. Freedom of Information and Privacy Association v. Attorney General of British Columbia, the Supreme Court found that although the imposed registration requirement did limit sponsors» right of expression as guaranteed by s. 2 of the Charter, the limit was justified under s. 1 and «the scope of the infringement is minimal.»

Under normal circumstances independent legal advice, if properly given should be sufficient to rebut any presumption of undue influence, but that was not the case in Cowper - Smith v Morgan 2016 BCCA 200 where the Court of Appeal upheld the trial judge in finding inter alia, that the independent legal advice provided was inadequate to rebut the presumption of undue influence.

In their submissions on this motion, the carriers appear to be under the mistaken impression that an appeal is available on errors of fact or that this is a judicial review proceeding where the remedy for an omission to make a relevant finding of fact would be to remit the case back to the trier of fact.

In its decision, the appeal court found that the section only applied to exclude other courts in B.C. from hearing matters under the act, and not other courts worldwide.

On July 1, 2014, in a final judgment that can not be appealed, the European Court of Human Rights (ECHR) in the case of S.A.S v. France (application no. 43835 / 11), validated French Law no. 2010 - 1192, which prohibits concealment of one's face in all places open to the public in France and found that the law does not violate the applicant's rights under the European Convention on Human Rights.

The Employment Appeal Tribunal has found that homophobic workplace banter is not covered under the Employment Equality (Sexual Orientation) Regulations 2003 (SI 2003/1661).

ION opposed the petition largely on the grounds that the case was a poor vehicle for the Court to consider extraterritorial damages under § 271 (f) because of other issues in the case, including that the USPTO's Patent Trial and Appeal Board subsequently found several claims in WesternGeco's patent to be unpatentable in an inter partes review proceeding.

This case is under appeal, although it is the second Canadian decision that found this practice to be fair use.

The Ontario Court of Appeal found that the Employment Insurance Act provisions at play are employment related under section 48 (12 (j) of the Labour Relations Act, since under the scheme of the Employment Insurance Premium Reduction Program, the employer is obliged to remit to employees a share of the premium reduction in the form of cash or enhanced benefits.

With regard to the deemed trust, the Court was split but it upheld the finding of the Ontario Court of Appeal that a deemed trust had arisen under the Pension Benefits Act, RSP 1990, c P - 8 («PBA») in favour of the pension holders for the wind - up deficiency payments.

The remarkable thing about the district court's opinion (which was adopted by the court of appeals) is that it awarded extraordinary equitable relief under the FOIA without ever finding that a violation of the FOIA had occurred.

«The trial judge in that case felt there was a fundamental breach but it went to the court of appeal and the court said no, because even with a litany of complaints the court couldn't find a substantial failure of consideration under the contract because the franchises still had the right to use the mark, the system and the brand,» she says.

Recently, the 2nd U.S. Court of Appeals ruled in Google's favor, finding that the project was fair use under copyright -LSB-...]

The City of Nelson in British Columbia has won its appeal of a British Columbia Court of Appeal decision that found in favour of a couple who had claimed title to a parcel of land under continuous adverse posseappeal of a British Columbia Court of Appeal decision that found in favour of a couple who had claimed title to a parcel of land under continuous adverse posseAppeal decision that found in favour of a couple who had claimed title to a parcel of land under continuous adverse possession.

The appeal, brought by the Downtown Vancouver Business Improvement Association (DVBIA) and the City of Vancouver (COV), seeks to overturn a finding that the Downtown Ambassadors private security program's targeted and repeated removal of homeless persons from public spaces in downtown Vancouver constituted discrimination under the BC Human Rights Code.

On the legal custody issue, the Court of Appeals agreed with my client that the family court erred in finding he did not have final decision - making authority under the previous order, finding that the old order «implicitly granted him final decision - making authority by virtue of granting him primary legal custody.»

That kind of argument can be successful only if it challenges the General Court's findings of fact in paragraph 170 of the judgment under appeal, to the effect that «[t] he «last interested person» in the transparent and open tendering procedure in this case was candidate 4.