Sentences with phrase «with appellant»

«The trial court found that the evidence presented demonstrated that appellant had permitted absenteeism from school, undermined the girls» relationship with, and alienated them from, appellee, obstructed appellee's regular parenting time, caused the girls to become overly identified with and involved in appellant's problems and concerns, particularly Sarah, who is «enmeshed» with appellant.»

«The district court found that, although [court - appointed custody evaluator Mindy] Mitnick opined that the children's poor relationship with appellant was due to respondent's attempts to alienate the children from appellant, the district court had listened to tapes made by appellant of parenting exchanges and phone conversations and was not convinced that alienation was occur - ring....

The project was with Canadian Tire, whose agreement with the appellant included a term that the appellant would not send any consultant who had a criminal record, except with Canadian Tire's consent.

The appellant argued that these findings were made despite the trial judge having refused to allow the appellant to amend its claim to allege that West Face had induced the vendor of the WIND shares to breach its agreement with the appellant in the course of those August dealings.

The interference with the Appellant's goodwill was sufficient to establish damage.

It was argued unsuccessfully on appeal that the review decision contained a deficiency for the purpose of reg 8 (2) of the the Homelessness (Review Procedures) Regulations 1999 (SI 1999/71) because it did not expressly deal with the appellant's contention that her landlord had verbally told her to leave.

She ultimately entered into a contract with the Appellant, Hugh's Contracting Ltd..

If you reach an agreement with the appellant about which parts of the transcript are required for the appeal, the appellant must then have those parts of the transcript prepared.

You must either agree with the appellant's list or send the appellant back a revised list by serving the appellant with a revised list within ten days after you received the appellant's list.

Pamela Lawrence, the respondent in this appeal, was terminated from her employment with the appellant, the International Brotherhood of Electrical Workers, Local 773 («Local 773»).

The Court of Appeal directed the terms of an expedited appeal, something that is typical in abduction appeals and in January 2015 Mr. Sampley brought an application to the Court of Appeal to remove Appellant's counsel, as he deposed he had a telephone conversation with Appellant's counsel prior to the BCSC hearing, wherein he disclosed confidential information to her.

Although Justice Cromwell found that the warrant authorized the search for documents proving ownership or occupation of the property, he agreed with the appellant and stated that a computer searches require specific pre-authorization in the warrant.

The S.C.C. was unable to agree with the Appellant, and instead agreed with the Commissioner that the «Prevention» wording of s. 92 generally supports the analysis and conclusions of the Tribunal and the Federal Court of Appeal.

She then filed the affidavit with the court without reviewing its contents with the appellant.

The appellate court agreed with appellant Wilson that the trial judge lacked jurisdiction to strike and dishonor the dismissal, but critically found the lower court retained jurisdiction to enter discovery sanctions and attorney's fees (the latter, subject to any Santisas limitations) post-dismissal anyway.

Tsige claimed that she was involved in a financial dispute with the appellant's former husband and accessed the accounts to confirm whether he was paying child support to the appellant.

The conduct of the police, and specifically Constable Greenwood, ensured that he would not receive that advice until after the police were done with the appellant and had the evidence they needed to convict him.»

The Personal Insurance Company, an Ontario driver had an automobile insurance policy with the appellant insurance company.

I agree with the appellant and the responded that the appellant's termination is encompassed by the Investment Agreement.

This is illustrated in Antrobus v. Antrobus, 2010 BCCA 356, where, before a confrontation with the appellant - parents, the respondent - daughter acted in her youth to carry out the majority of household chores, cared for her two younger siblings, and worked, without pay, for their business.

[11] The Federal Court applied an interpretation of enabling disclosure that is consistent with the appellant's view of the appropriate test.

In other words, the Court of Appeal found Ms. Cabott's level of responsibility with the appellant justified an extension of the damage award from 2 to 3 months to 4 months.

[20] The court added: «As I said, I agree with the appellant's submission that the trial judge erred in applying the material contribution test after he successfully reasoned his way through the «but for» test.»

The Supreme Court unanimously held the requirement in the Local Government Pension Scheme (Benefits, Membership and Contributions) Regulations (Northern Ireland) 2009 that unmarried co-habiting partners must be nominated in order to be eligible for a survivor's pension, was interference with the appellant's right to property under article 1 of Protocol 1 to the ECHR that could not be «objectively justified» for the purposes of art 14.

Practical Significance Since the statutory and public policy arguments in Judge Newman's dissent substantially overlap with appellant's argument in Cuozzo, which will be argued at the Supreme Court this term, the Supreme Court's decision in Cuozzo will likely shed some light on the divided opinion in Synopsys.

In an interim decision in Pieters v. Law Society of Upper Canada, Michael Gottheil, executive chair of the HTRO, agreed with the appellant, Toronto lawyer Selwyn Pieters, that a variety of documentation should be produced to him by Ontario's Law Society pertaining to his apprehension by a security guard when Pieters entered the Law Society building that day, the seizing of his membership card, and Pieters» subsequent experience in the Law Society building.

Certainly such an interference with the appellant's personal liberty can not be dismissed as minor.

The facts of Austin could therefore be distinguished from those in R (Gillan) v Commissioner of the Police of the Metropolis [2006] UKHL 12, [2006] 2 AC 307, where the interference with the appellant's freedom of movement in order to effect a stop and search pursuant to s 44 of the Terrorism Act 2000 had been «merely transitory».

While it was likely that anyone familiar with driving in BC would assume the Respondent's site had something to do with the Appellant, it was unlikely that they would confuse it for the Appellant's official mark.

In 2012, the respondent terminated the relationship with the appellants after the aforementioned discovery of colons of its products.

Both the Outer House and Inner House of the Court of Session had disagreed with the appellants.

An etymologist or grammarian might agree with the appellants that a vane of any type is still a vane.

As such, the Court of Appeal could not agree with the Appellants» argument that, in the circumstances of this case, the Trial Judge ought to have relaxed the causation test so as to permit a «common sense» analysis of the issue.

In delivering the Panel's decision, Justice Sachs agreed with the Appellants that the case law surrounding Commission reviews of SRO decisions highlights the importance of deference to an SRO's findings.

On the question of keeping treaty promises, the court agreed with the appellants that the provincial Crown has the same section 35 duties to consult and accommodate that are outlined by the Supreme Court of Canada in Mikisew.

While the Court agreed with the appellants that the jury questions and instructions were problematic, the deficiencies in them did not affect the outcome.

4) there was no basis on the record to conclude that the trial judge failed to consider whether P.A.V. could be returned to V.D.'s care or whether it was in P.A.V.'s best interests to have a continuing relationship with the appellants.

Not exact matches

Old Age Security appellants were provided with the first two levels only, although appeals related to income were, likewise, heard by the Tax Court of Canada.

(3) All appeals must include a copy of the adverse decision and a statement of the appellant's reasons for believing that the decision was not proper or made in accordance with applicable program regulations, policies, or procedures.

Although the Court dismissed the appeals: · the judgement was not unanimous, with two judges — Lord Kerr and Lady Hale — expressing support for the arguments made by the appellants and the BHA.

Saraki said the appellate court erred in law when it affirmed the competence of the proceedings of the CCT, which sat on the appellant's case with only two members as against the three provided for in the provisions of Paragraph 15 (1) of the Fifth Schedule to the 1999 Constitution.

«Take notice that the appellant being dissatisfied with the decision of the governorship election tribunal for Rivers state, sitting in Abuja, contained in the judgment of the tribunal coram Hon. Justice Suleiman Ambursa (chairman), Hon. Justice Wesley Ibrahim Leha (member) and Hon. Justice Bayo Taiwo (member)(sitting in court no. 23 of the FCT high court dated the 24th of October 2015, doth hereby appeal to the court of appeal upon the grounds set out in paragraph 3 and will at the hearing seek the reliefs set out in paragraph 4,» the statement read.

Appellants cited test scores, but a three - judge panel with the First District Court of Appeal appeared skeptical.

The appellants led by Biyi Poroye are the state executives of the Sheriff faction of the party in the various states in the South - West zone, are backing Jimoh Ibrahim, who was only removed and replaced with Jegede as the party's governorship candidate in Ondo State by the judgment delivered by the Court of Appeal, Abuja on Wednesday.

At the hearing of the appeal, Daudu faulted the judgment of the appeal court on among other grounds that it erroneously affirmed the competence of the proceedings of the Code of Conduct Tribunal, which sat on the appellant's case with only two members as against the three provided for in the provisions of Paragraph 15 (1) of the Fifth Schedule to the 1999 Constitution.

Appellant [p626] Board of Education was directed, with advice of the State Superintendent of Schools, to «prescribe the courses of study covering these subjects» for public schools.

Appellants claim to share a common cause with the City, to defeat plaintiffs» CEQA claim and to reduce the rate of killing feral cats.

The only way to block a project with a renewable energy approval (REA), according to the legislation, is that an appellant must prove the risk posed by the project will cause «serious harm to human health,» or «serious and irreversible harm to plant life, animal life or the natural environment.»

While not necessarily agreeing with every characterization of Mr Machado's, I'd say he does a reasonable job of explaining why, in court on November 25th, I'll be sitting in my amicus briefs rather than among the appellants.

Criminal law: The appellants were involved with the Hells Angels.