Sentences with phrase «with affidavit evidence»

Carey responded with affidavit evidence but did not attend.

Not exact matches

The Judge had said that he was baffled with the claim of any further investigation of Dasuki by DSS because the same DSS had filed before the court affidavit evidence that they have completed investigations on Dasuki and ready for his trial.

«From the affidavit evidence before the court, the applicant (EFCC) has shown clearly that the property sought to be forfeited was reasonably suspected to have been acquired with the proceeds of unlawful activities of Mr. and Mrs. Ayodele Oke in the name of Chobe Ventures.

It was that affidavit which was part of the reason that led the Labour Party to conclude there was insufficient evidence to proceed with our inquiry.

Among other things, Fitzpatrick is looking for evidence of alleged wrongdoing connected with what he called «phony affidavits» filed in the lawsuit by two city councilors who are friendly with Miner.

Badmus ruled that the surety must reside within the court jurisdiction and produce evidence of 3 years tax clearance with affidavit of means and 3 passport sized photographs.

Or, by stating in the affidavit: how, from whom, and where the UA was obtained; why a bill of sale or other equal transfer of ownership document is unavailable for filing with the affidavit; and, attaching any other evidence of the transaction (s) such as a sales receipt, invoice, etc..

No evidence was filed in support, though the wife later added a sworn affidavit which stated that the husband had not paid the money which he had been ordered to pay, as happens with the present procedure under CSA 1991.

Arbitration with all evidence in direct provided through affidavit, with limited rights of oral cross-examination and other evidence provided by joint expert reports, admissions and answers to interrogatories.

[13] As I noted when I referred to the affidavit filed by the plaintiff in response to the application, there is very little evidence with respect to the nature of the medical problem that will prevent the plaintiff from attending at an independent medical examination.

Explaining this benefit required broad affidavits outlining the historical experience of Alberta peace officers, along with other Crown evidence.

Child Custody and Parenting Orders Emergency Protection Orders Exclusive Possession Orders Financial Support Options Gathering Evidence of Abuse If You're Thinking of Leaving Leaving an Abusive Relationship... If you are not a Canadian citizen No Contact Orders — Flowchart Peace Bonds Planning for an Emergency Preparing for Court Queen's Bench Protection Orders Restraining Orders Serving Documents on an Abusive Party Working with a Family Law Lawyer Writing an Affidavit

Form FL - 1 — Statement of Claim for Divorce Form FL - 2 — Statement of Claim for Division of Matrimonial Property Form FL - 3 — Statement of Claim for Divorce and Division of Matrimonial Property Form FL - 4 — Statement of Defence Form FL - 5 — Counterclaim for Divorce Form FL - 6 — Counterclaim for Division of Matrimonial Property Form FL - 7 — Counterclaim for Divorce and Division of Matrimonial Property Form FL - 8 — Joint Statement of Claim for Divorce Form FL - 10 — FLA Claim Form FL - 11 — Response — Family Law Act Form FL - 12 — Certificate of Lawyer Form FL - 13 — Protection Order Questionnaire Form FL - 14 — Restraining Order Application Form FL - 15 — Notice to Produce an Affidavit of Records Form FL - 16 — Notice to Reply to Written Interrogatories Application Form FL - 17 — Notice to Disclose — Application Form FL - 18 — Family Application Form FL - 19 — Provisional Order Information Form FL - 20 — Notice of Confirmation Hearing Form FL - 21 — Request for Divorce (Without Oral Evidence) Form FL - 22 — Joint Request for Divorce (Without Oral Evidence) Form FL - 23 — Affidavit of Applicant Form FL - 24 — Affidavit of Applicants (Joint) Form FL - 25 — Divorce Judgment (without oral evidence) Form FL - 26 — DJ and Corollary Relief Order Form FL - 27 — Corollary Relief Order Form FL - 28 — Variation Order Form FL - 29 — Exclusive Possession Order Form FL - 30 — Restraining Order Without Notice Form FL - 31 — Restraining Order Form FL - 33 — Notice of Appeal — Provincial Court Order (Family Law Act) Form FL - 34 — Adult's Statement — Guardianship of Child Form FL - 35 — Child's Statement — Guardianship of Child Form FL - 36 — Statement — Terminate Guardianship Form FL - 37 — Statement — Review of Guardian's Significant Decision Form FL - 38 — Statement — Court Direction Form FL - 39 — Statement — Parenting Form FL - 40 — Statement — Parenting (Sole Guardian) Form FL - 45 — Statement — Child Support Form FL - 46 — Recipient's Statement — Vary Child Support Form FL - 47 — Payor's Statement — Vary Child Support Form FL - 48 — Statement — Spousal Partner Support Form FL - 49 — Recipient's Statement — Vary Spousal Partner Support Form FL - 50 — Payor's Statement — Vary Spousal Partner Support Form FL - 51 — Statement — Enforcement of Time With a Child Summary of Child Support Guideline Undue HardshEvidence) Form FL - 22 — Joint Request for Divorce (Without Oral Evidence) Form FL - 23 — Affidavit of Applicant Form FL - 24 — Affidavit of Applicants (Joint) Form FL - 25 — Divorce Judgment (without oral evidence) Form FL - 26 — DJ and Corollary Relief Order Form FL - 27 — Corollary Relief Order Form FL - 28 — Variation Order Form FL - 29 — Exclusive Possession Order Form FL - 30 — Restraining Order Without Notice Form FL - 31 — Restraining Order Form FL - 33 — Notice of Appeal — Provincial Court Order (Family Law Act) Form FL - 34 — Adult's Statement — Guardianship of Child Form FL - 35 — Child's Statement — Guardianship of Child Form FL - 36 — Statement — Terminate Guardianship Form FL - 37 — Statement — Review of Guardian's Significant Decision Form FL - 38 — Statement — Court Direction Form FL - 39 — Statement — Parenting Form FL - 40 — Statement — Parenting (Sole Guardian) Form FL - 45 — Statement — Child Support Form FL - 46 — Recipient's Statement — Vary Child Support Form FL - 47 — Payor's Statement — Vary Child Support Form FL - 48 — Statement — Spousal Partner Support Form FL - 49 — Recipient's Statement — Vary Spousal Partner Support Form FL - 50 — Payor's Statement — Vary Spousal Partner Support Form FL - 51 — Statement — Enforcement of Time With a Child Summary of Child Support Guideline Undue HardshEvidence) Form FL - 23 — Affidavit of Applicant Form FL - 24 — Affidavit of Applicants (Joint) Form FL - 25 — Divorce Judgment (without oral evidence) Form FL - 26 — DJ and Corollary Relief Order Form FL - 27 — Corollary Relief Order Form FL - 28 — Variation Order Form FL - 29 — Exclusive Possession Order Form FL - 30 — Restraining Order Without Notice Form FL - 31 — Restraining Order Form FL - 33 — Notice of Appeal — Provincial Court Order (Family Law Act) Form FL - 34 — Adult's Statement — Guardianship of Child Form FL - 35 — Child's Statement — Guardianship of Child Form FL - 36 — Statement — Terminate Guardianship Form FL - 37 — Statement — Review of Guardian's Significant Decision Form FL - 38 — Statement — Court Direction Form FL - 39 — Statement — Parenting Form FL - 40 — Statement — Parenting (Sole Guardian) Form FL - 45 — Statement — Child Support Form FL - 46 — Recipient's Statement — Vary Child Support Form FL - 47 — Payor's Statement — Vary Child Support Form FL - 48 — Statement — Spousal Partner Support Form FL - 49 — Recipient's Statement — Vary Spousal Partner Support Form FL - 50 — Payor's Statement — Vary Spousal Partner Support Form FL - 51 — Statement — Enforcement of Time With a Child Summary of Child Support Guideline Undue Hardshevidence) Form FL - 26 — DJ and Corollary Relief Order Form FL - 27 — Corollary Relief Order Form FL - 28 — Variation Order Form FL - 29 — Exclusive Possession Order Form FL - 30 — Restraining Order Without Notice Form FL - 31 — Restraining Order Form FL - 33 — Notice of Appeal — Provincial Court Order (Family Law Act) Form FL - 34 — Adult's Statement — Guardianship of Child Form FL - 35 — Child's Statement — Guardianship of Child Form FL - 36 — Statement — Terminate Guardianship Form FL - 37 — Statement — Review of Guardian's Significant Decision Form FL - 38 — Statement — Court Direction Form FL - 39 — Statement — Parenting Form FL - 40 — Statement — Parenting (Sole Guardian) Form FL - 45 — Statement — Child Support Form FL - 46 — Recipient's Statement — Vary Child Support Form FL - 47 — Payor's Statement — Vary Child Support Form FL - 48 — Statement — Spousal Partner Support Form FL - 49 — Recipient's Statement — Vary Spousal Partner Support Form FL - 50 — Payor's Statement — Vary Spousal Partner Support Form FL - 51 — Statement — Enforcement of Time With a Child Summary of Child Support Guideline Undue Hardship Claim

The Court noted some difficulty reconciling the activities depicted in the photos with the «Plaintiff's perception of what is a physical activity» based on her affidavit evidence.

Affidavit evidence under 20.02 is still used in accordance with subrule 39.01 (4), but responding parties can no longer just rely on pleadings and must show a genuine issue for trial using their own affidavits or supporting evidence.

The tort claim process typically includes the following steps: • Investigation of the accident and evidence gathering / review (medical reports, witness statements, etc.) • Expert assessment of the needs and damages of the injured party • Provide an official statement of claim • Receive statement of defence • Prepare, submit, and receive affidavits of documents for all parties involved • Attend examinations for discovery with your lawyer • Attempt to settle the tort claim out of court by negotiating, mediating, or engaging in pre-trial measures • Trial

The court crafted a solution: while it granted the grandparents» request to have the requirements on the clearance documents waived, the court nonetheless required them to complete an affidavit under the Act which would provide the court with the evidence to make its decision.

Apart from Professor Frazee's affidavit, the trial record lacked evidence from prominent authorities on the harms of doctor - assisted suicide to persons with disabilities.

(iv) Where the court is not satisfied on the basis of the affidavit and the other evidence before it that the right to withhold inspection is established, it may: (a) conclude that the evidence does not establish a legal right to withhold inspection and order inspection; (b) order a further affidavit to deal with matters which the earlier affidavit does not cover or on which it is unsatisfactory; (c) inspect the documents (inspection should be a solution of last resort and should not be undertaken unless there is credible evidence that those claiming privilege have either misunderstood their duty, or are not to be trusted with the decision making, or there is no reasonably practical alternative); or (d) order crossexamination of a person who has sworn an affidavit (however, cross-examination may not be ordered in the case of an affidavit of documents.

The Complainant, who was the Accused person's ex-wife, was cross-examined extensively and was confronted with prior affidavits from family court proceedings which revealed serious problems with the veracity of her evidence.

For those not familiar with «summary trials» they are commonly referred to as «paper - trials» because no witnesses testify in court, rather the lawyers present their cases through sworn affidavit evidence.

Evidence supporting an alleged delay can be introduced through filing transcripts from previous court appearances, affidavits from the accused and / or other individuals with relevant information, or through an agreed statement of facts.

Affidavits need to comply with the same rules that govern admissibility of evidence at trial.

(3) An affidavit of the person making the investigation, verifying the report as to facts that are within the person's knowledge and setting out the source of the person's information and belief as to other facts, with the report attached as an exhibit thereto, shall be served on the parties and filed and on being filed shall form part of the evidence at the hearing of the proceeding.

-- He ordered a two - day hybrid hearing, meaning evidence - in - chief would be delivered by affidavit (relying on the affidavits already filed), with time - limited cross-examinations to take place during the trial.

We work closely with family law lawyers to develop a comprehensive defence that includes our review of all material available including the family court documents and we always construct detailed cross-examinations of complainants drawing upon evidence or contradictions that we uncover in the family court pleading, affidavits and examinations, in order to challenge the credibility and reliability of the complainant.

In any event, the complainants subsequently filed substantial affidavit evidence and documents with the Tribunal in response to the motion to dismiss.

At trial, the appellant gave some evidence which was inconsistent with the evidence provided in his affidavit (an affidavit he claimed he did not write or review).

The positions set out by the employees in their affidavits conflicted with the employer's evidence on the main points at issue.

Evidence on an application is given by way of affidavit, and the requirements for same are fairly stringent in that evidence based on «information and belief» can only be relied on with respect to facts that are not contEvidence on an application is given by way of affidavit, and the requirements for same are fairly stringent in that evidence based on «information and belief» can only be relied on with respect to facts that are not contevidence based on «information and belief» can only be relied on with respect to facts that are not contentious.

Extrinsic evidence as a condition precedent is not required with respect to business records accompanied by an affidavit.

Penny did, however, give Hayes stern warning, telling her to «to refrain from assaulting, verbally abusing, swearing at, harassing, threatening, or intimidating» other board members, residents, staff members, contractors, or others doing business with the condominium, or anyone who has sworn an affidavit or provided evidence against her.

The motion judge refused to consider the affidavit evidence, and held that: the arbitration agreement was a stand - alone agreement that provided only for appeals on questions of law, with leave; even if the lease were considered, it did not provide for broader rights of appeal; and that Brookfield's notice of appeal raised only questions of fact or mixed fact and law.

Alternate means to resolve cases should also be considered, such as pursuing a case by way of a hybrid trial (essentially a summary trial, with evidence in chief tendered mostly by way of affidavit evidence, with viva - voce evidence focused on cross-examination), or choosing to adjudicate the case by final and binding arbitration.

The form of special case was settled by the court at a judicial management conference, but counsel for the Appellants refused to sign the statement of special case because of the extensive disputed affidavit evidence that, by then, had clearly demonstrated that the parties were not in agreement with respect to the facts.

-- Screens cases to determine merit, action or conflict of interest — Reviews forms and maintains schedule for 15 person legal firm — Screens incoming clients and coordinates initial meetings with attorney — Interviews witnesses, collects documentation and evidence for upcoming legal cases — Files pleadings, motions, affidavits and motions — Develops subpoenas, arranges subpoena service — Tracks deadlines, and court schedules for court cases

If there are no issues of fact in your case, and you are arguing with your spouse over whether an undisputed set of facts justifies setting aside your agreement, you may have a summary hearing, where the court reviews pleadings and affidavits and makes an order based upon the evidence in the case file.

Rarely does a court have such unequivocal evidence as to the adverse effects on the children to remain with one parent as is set out in the two affidavits of the Children's Lawyer social worker.

Schuckman Realty, Inc. v. Cosentino (294 A.D. 2d 484)-- broker fails to establish tortious interference with contract where defendant submitted sufficient proof by affidavit of its director of real estate which averred that it did not intentionally seek the procurement of the breach of contract and where broker failed to present sufficient evidence to raise triable issues of fact

79 DOS 99 Matter of DOS v. Pagano - disclosure of agency relationships; failure to appear at hearing; proper business practices; unauthorized practice of law; unearned commissions; vicarious liability; fraudulent practice; jurisdiction; ex parte hearing may proceed upon proof of proper service; DOS has jurisdiction after expiration of respondents» licenses as acts of misconduct occurred and the proceedings were commenced while the respondents were licensed; licensee fails to timely provide seller client with agency disclosure form prior to entering into listing agreement and fails to timely provide agency disclosure form to buyer upon first substantive contact; broker fails to make it clear for which party he is acting; broker violates 19 NYCRR 175.24 by using exclusive right to sell listing agreement without mandatory definitions of «exclusive right to sell» and «exclusive agency»; broker breaches fiduciary duties to seller clients by misleading them as to buyer's ability to financially consummate the transaction; broker breaches his fiduciary duty to seller by referring seller to the attorney who represented the buyers when he knew or should have known such attorney could not properly protect seller's interests; improper for broker to use listing agreements providing for broker to retain one half of any deposit if forfeited by buyer as such forfeiture clause could, by its terms, allow broker to retain part of the deposit when broker did not earn a commission; broker must conduct business under name as it appears on license; broker engaged in the unauthorized practice of law in preparing contracts for purchase and sale of real estate which did not contain a clause making it subject to the approval of the parties» attorneys and were not a form recommended by a joint bar / real estate board committee; broker demonstrated untrustworthiness and incompetency in using sales contract which purported to change the terms of the listing agreement to include a higher commission; broker demonstrated untrustworthiness and incompetency in using contracts of sale which were unclear, ambiguous, vague and incomplete; broker failed to amend purchase agreement to reflect amendment to increase deposit amount; broker demonstrated untrustworthiness in back - dating purchase agreements; broker demonstrated untrustworthiness in participating in scheme to have seller hold undisclosed second mortgage and to mislead first mortgagee about the purchaser's financial ability to purchase; broker demonstrated untrustworthiness by claiming unearned commission and filing affidavit of entitlement for unearned commission; DOS fails to establish by substantial evidence that respondent acted as undisclosed dual agent; corporate broker bound by the knowledge acquired by and is responsible for acts committed by its licensees within the actual or apparent scope of their authority; corporate and individual brokers» licenses revoked, no action taken on application for renewal until proof of payment of sum of $ 2,000.00 plus interests for deposits unlawfully retained