Sentences with phrase «whether appellant»

It will also consider whether the absence of a Pitcairn specific judicial review procedure mean the Government attempted to immunise itself from challenge and whether the Appellant's conviction should be quashed because of alleged flaws in the prosecution.

This appeal considered whether the appellant is a «direct descendant» or «extended family member» within the meaning of the Immigration (European Economic Area) Regulations 2006, Regs 7 and 8.

In the absence of more specific evidence as to how this matter has developed, it can not be determined whether the appellant's proper route is through administrative channels, judicial review or an application in the Superior Court for directions or other relief, including declaratory relief.

The central issues in the case are whether the respondents, by mailing a document entitled «Official Sweepstakes Notification» (the «Document») to the appellant, engaged in a practice prohibited by the Consumer Protection Act, R.S.Q., c. P ‑ 40.1 («C.P.A.»), and, if so, whether the appellant is entitled to punitive and compensatory damages under s. 272 C.P.A. To decide these issues, the Court must, inter alia, define the characteristics that are relevant to the determination of whether a commercial representation is false or misleading, as well as the conditions for exercising the recourses in damages provided for in s. 272 C.P.A.

Finally, I go on to explain why the appropriate remedy in the circumstances is to send the matter back for a new trial where the issues of whether the appellant has proved an abuse of process and whether a stay is warranted can be pursued.

Thus the claim turned on whether the appellant could prove that the respondent employer had been in breach of duty in respect of the storage of the tool.

On appeal from: [2015] EWCA Civ 1109 This appeal considered whether the appellant is a «direct descendant» or «extended family...

The issue on this appeal is whether the appellant, Dr. Lynn Gehl, is entitled to be registered as an «Indian» under the Indian Act, R.S.C. 1985, c. I - 5 (the «Act»).

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).

The question should be whether the appellant's income was diminished or will be diminished from that which he could have earned but for the accident.

The general rule is that, in any subsequent appeal relating to the same country, the FTT is obliged to take account of an applicable Country Guidance case in deciding whether an appellant's fear of persecution in that country is well - founded.

While it was clear that the appellant had (1) a «full knowledge» of the residential property deficiency, the issue was whether the appellant had (2) communicated an «unequivocal and conscious intention» to abandon the deficiency.

Critically, this depends on whether the appellant is believed, and he was not believed by the trial judge.

In order to determine whether appellant's appeal of the temporary order awarding respondent exclusive possession of the marital home and requiring appellant to vacate acted as a stay, it is necessary to determine the nature of that order.

Justice Campbell stated that «whether the appellant's testimony about his post-accident consumption of alcohol would have been accepted or not by the trial judge is an open question, but it is not for me to determine that issue».4

[22] The first question that arises here is whether the appellant is a federal undertaking as that term is defined in the Canada Labour Code.

Ruling: Jay J identified the central issue being whether the appellant had in truth abandoned her statutory appeal.

On appeal, it was argued the Motions Judge focused on whether the Appellant was ordinarily resident in Ontario, rather than on whether he was ordinarily resident in another jurisdiction on the date of the accident.

This appeal considered whether the appellant's scheme of charging fees for licensing sex shops in Soho, including those operated by the respondents, is permitted by Directive 2006 / 123 / EC on Services in the Internal Market, as implemented by The Provision of Services Regulations 2009.

HELD For the jury to use the extraneous material provided after their retirement (i.e. the sample of further cheques) in order to compare handwriting so as to decide whether the appellant had written out the cheques in question necessarily meant using that extraneous material as evidence in an exercise that would enable the jury to reach their own conclusion in relation to the appellant's evidence to the contrary.

«In the circumstances of this case and in light of the state of the record, I do not consider it appropriate for this court to determine whether the appellant's Charter rights were violated,» wrote Chiasson.

[61] The central issue is whether the appellant was psychotic at the time of the offence.

As framed by the Court of Appeal for Ontario, there were three issues presented on the appeal: (1) whether the appellant, as a former employee of Pitney Bowes, was entitled to coverage under the Manulife Policy; (2) whether the appellant submitted a timely proof of claim; and (3) whether the one - year contractual limitation period in the policy barred the appellant's claim.

[T] he issue in this case is whether Appellant's statements constituted a criminal offense in light of the evidence set forth in the record of this case, not whether this Court approves of the statements made by the Appellant.

In Hamilton there was some discussion about whether the appellant's act was covered by the Sexual Offences Act 2003 (SOA 2003), s 67.

As well, it appeared questionable whether the appellant had lost his standing and, indeed, whether the matter was justiciable.

The issue before the Court is whether the appellant, NNPC, should have to put up a further $ 100m security in the English enforcement proceedings, as a condition of being entitled to advance a good arguable defence that enforcement should be refused under the Arbitration Act 1996, s 103 (3).

Although the parties came to an agreement which included the appellant remaining at the practice once a week, there was still a disagreement as to how the appellant would ultimately leave the practice, including whether the appellant would withdraw over time and the parties buy - out rights.

The central issue for the Court of Appeal was whether the appellant had been rightly convicted of the MDA 1971, s 23 (4)(a) offence.

She recognized that there could be a concern about whether the appellants maximized their involvement in order to satisfy Mr. Big's concerns that the information from the expert reports be explained to his satisfaction.

[62] Although the trial judge essentially treated this as a situation of repudiation or anticipatory breach, she did not consider whether the appellants elected to accept or reject the repudiation.

In Westshore Terminals Limited Partnership v. Leo Ocean, S.A, the Federal Court of Appeal considered among other things whether the appellants could arrest the respondents» ship and its sister ship as well.

The motion judge's knowledge finding was not the same as a discoverability finding since the knowledge finding did not resolve the discoverability consideration with respect to whether the Appellants knew that bringing the claim was legally appropriate.

In relation to whether the Appellants had in fact contracted for a «rustic» house like the Respondent's, the Judge disagreed with the DJ's finding.

* * *... there is still a genuine issue of material fact as to whether Appellants had knowledge that the unanimous consent documents were ineffective and did not give Byun the authority to act alone on behalf of Jimmy Carter Commons.

Rather, the Commission's decision was an exercise of its discretion under section 27 of the Act to consider whether the Appellants were suitable candidates for re-registration, over which the Commission has sole jurisdiction (as the MFDA has not been delegated this authority).

[22] The fact that the bouncer's act may have been a novus actus interveniens, or an intervening act, is part of the analysis of whether legal causation has been established and whether the appellants should be held legally accountable for the death.

Not exact matches

Even though the Appeal Court is well aware of the status of S. 140 (2) of the Electoral Act 2010, it, nevertheless, acted to the contrary, given its own observation in its judgment that: «Whether Section 140 (2) of the Electoral Act is extant or not, no advantage can be conferred on the Appellants by declaring the 1st Appellant as a winner on the grounds of his obtaining the second highest votes as elected.»

In the light of the above, the course aims at adopting a right - based approach to improve the inclusivity and provide comprehensive access to justice for PWDs, either as direct or indirect participants and whether as victims of crime, suspects, witnesses, plaintiffs, defendants, appellants, remand prisoners and / or prison inmates.

The appellate court, in arriving at its decision, said it was necessary that it determined whether or not the appellant was denied fair hearing by the lower court.

He found that the Respondent had not adopted and used the Appellant's mark in contravention of the Trade - marks Act, concluding that no one ever communicated any confusion or mistake as to whether the website belonged to the Appellant.

However, the recorder took the view that when considering whether or not s 2 (3) had been complied with, it was necessary to have regard to the circumstances as a whole and ask whether, in the light of those circumstances, as much information as should reasonably be conveyed to the appellant had been conveyed.

The Court of Appeals of Arizona granted review of Anthony Toth, Petitioner - Appellee, v. Gloria Snyder Toth, Respondent - Appellant to consider whether an equitable distribution of marital assets would require that -LSB-...]

In response, the Appellant commences legal action requesting a declaration the option is void for uncertainty (it does not indicate whether the Respondent is to assume the mortgages or receive the property free and clear of encumbrances).

This appeal considered whether the Respondent erred in law in refusing to refer the Appellant's rape conviction case to the High Court.

This appeal considered whether a commissioning body can, by its decision not to fund a particular option for contact, remove the jurisdiction of the Court of Protection to make a best interests decision about contact, and whether the failure to conduct a best interests assessment and / or determine the facts breached the appellant's rights under the ECHR to a fair trial and a family life.

The Act also provides a mechanism for an investigation into whether a local government has complied with s. 239, but the Appellants did not seek such an investigation.

«Whether on the evidence allowed before the court an offence of outraging public decency had been committed, as no one other than the appellant was shown to be aware of what he was doing when he was filming.»

«Instead of carefully reviewing the evidence in the case in order to determine whether or not the Crown had, in fact, established that the appellant possessed the specific intent of wilfulness required by s. 173 (1) of the Criminal Code, the trial judge erroneously convicted the appellant based upon a perceived (but non-existent) legal presumption that the necessary wilfulness was established by the fact that his acts of masturbation were in fact witnessed by another,» he wrote.

The appellant contends the judge erred in law by adopting a flawed approach in her assessment of the evidence of Ms. Iverson and Mr. Easdon, in order to determine whether the presumption of undue influence was rebutted.