Expert Evidence Sample Clauses

Expert Evidence. (i) No expert evidence shall be adduced in the arbitration without the Arbitrator’s permission.
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Expert Evidence. 14.1 The PC may determine the necessity of retaining professionals to provide expert opinions on any issue and shall direct the parents accordingly.
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Expert Evidence. The parties agree that if an arbitration takes place and issues of law arise, then in her sole discretion, Xx. Xxxxx Xxxxxx may obtain independent legal advice to assist her in the determination of those issues. The parties will have access to any representations or opinions provided by such counsel. The cost of such counsel shall initially be borne by the parties equally subject to reapportionment by the Arbitrator. The parties specifically give the Arbitrator the authority to determine the necessity of retaining professional(s) to provide expert opinions respecting any outstanding issue(s) and to direct the parties accordingly. The parties agree to contribute to the expert(s)’ fees in the proportion determined by the Arbitrator.
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Expert Evidence. 8.3.1 The PC has the authority to determine the necessity of retaining professional(s) to provide expert opinions respecting any outstanding issue(s) and to direct the parents accordingly.
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Expert Evidence. [173] Xxxxxx Xxxxxxx in her Affidavit in support of the Application sought leave at paragraph 37 to rely on a report prepared by Mr. Xxxxxx Xxxxxx00 (“the Xxxxxx Report”), on the proposal of the Government to compensate CLICO’s EFPA policyholders. She further stated that Xx. Xxxxxx prepared his report in conformity with PART 33.10 of the CPR. [174] The Intended Respondent objected to the Xxxxxx Report on the ground that it is inadmissible because it is an expert report which was prepared at the request of the Intended Applicants and that no leave was sought to admit same. Xx. Xxxxxx also pointed out that the Intended Applicants by Paragraph 37 of Xxxxxx Xxxxxxx’x affidavit have sought leave to admit the said report but that such leave should be refused. [175] He submitted firstly that leave should be refused on the ground that the Intended Applicants have not complied with PART 3394 of the CPR. PART 33.495 of the CPR provides that expert evidence must be restricted to that which is reasonably required to resolve the proceedings justly. He contended that the Xxxxxx Report seeks to usurp the court’s function as decision-maker by giving an opinion on the merits of the decision to be reviewed. 93 VM52 94 Experts and Assessors 95 Expert evidence must be restricted to that which is reasonably required to resolve the proceedings justly. [176] In support of this contention, Xx. Xxxxxx relied on the case of R (Xxxxx) v General Dental Council96, where Xxxxxxx J opined: “There is in my view a real distinction between a report from an expert which seeks to explain what is involved in a particular process and how complicated that process is and one which goes on to opine that it was irrational for the body to have reached the conclusion it did … Cases where this can permitted will be very rare and what I have said should not be regarded as opening the door to the admissibility of expert’s reports in all cases such as this which involve judicial review of an exert tribunal or body.” [177] He further argued that the Xxxxxx Report does not explain a technical process or procedure, instead it provides answers to leading questions posed to the author by the Intended Applicants’ Attorneys-at-Law on the merits of the Government’s policy with regard to the issuance of bonds to policyholders. [178] Further, Xx. Xxxxxx contended that the Xxxxxx Report contains the opinions of the author which are irrelevant to the issues which the Court must determine for Leave for Judicial Revi...
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Expert Evidence. The parties specifically give the PC the authority to determine the necessity of retaining professional(s) to provide expert opinions respecting any outstanding issue(s) and to direct the parties accordingly. The parties agree that if arbitration is sought by either party or takes places and issues of law arise, then, in his sole discretion, Xxxxxx Xxxxxxx, MSW, RSW may obtain independent legal advice to assist his in the determination of those issues. The parties shall have access to any representations or opinions provided by such counsel. The cost of such counsel shall initially be borne by the parties equally subject to reapportionment by the Parenting Coordinator.
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Expert Evidence. The parties called a total of six witnesses as experts. The individuals called by the Union were, in order: 2018 CanLII 116964 (BC LA)
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Related to Expert Evidence

  • Title Evidence Seller agrees to share equally with Buyer the closing agent costs and the cost of a title insurance company’s commitment and standard ALTA form owner’s policy (except survey matters) to the Property, showing a marketable title vested in Seller, subject to easements, restrictions, covenants, and other matters of record. Any endorsements shall be paid solely by Buyer. The title evidence shall be presented to prospective Buyer on day of auction. Buyer acknowledges: (a) receipt of the title commitment prior to entering into this agreement; (b) review of the title commitment to the Buyer’s full satisfaction; and (c) waiver of any right to object to any exceptions listed therein. If Seller fails to satisfy all such title requirements imposed on Seller pursuant to title commitment, Buyer may, as its sole remedy and at Buyer’s election, either: (a) cancel this agreement and receive a return of Buyer’s xxxxxxx money and, in that event, this Agreement will be canceled and the parties will have no further obligations to each other; or (b) accept such title as Seller can deliver. Buyer waives any right to seek specific performance or to seek damages from Seller.

  • Office of Inspector General Investigative Findings Expert Review In accordance with Senate Bill 799, Acts 2021, 87th Leg., R.S., if Texas Government Code, Section 531.102(m-1)(2) is applicable to this Contract, Contractor affirms that it possesses the necessary occupational licenses and experience.

  • Categories of Evidence Multiple measures of student learning, growth, and achievement, judgments based on observations and artifacts of professional practice, including unannounced observations of practice of any duration; and additional evidence relevant to one or more Standards of Effective Teaching Practice (603 CMR 35.03).

  • Expert Subject to Clause 16.1, where any matter may be referred to an expert pursuant to Clause 11.2 or is required by this Agreement to be referred to an expert then except as otherwise provided for in this Agreement, the matter must be referred for determination by a person:

  • Other Evidence The Purchaser shall have received from the -------------- Company and the Stockholder such further certificates and documents evidencing due action in accordance with this Agreement, including certified copies of proceedings of the Board of Directors and stockholders of the Company, as the Purchaser reasonably shall request.

  • Evaluation Conference The final evaluation conference shall occur not later than the end of the fall term. The purpose of the final evaluation conference is to discuss with the probationary employee the results of the evaluation and announce the team's recommendation. The evaluation team shall determine what additional evaluation activity shall occur during the spring term. If the team recommends that the District not employ the professor for the following year, no evaluation activities in the spring are necessary.

  • Expert Reports Without prejudice to the appointment of other kinds of experts where authorised by the applicable arbitration rules, the tribunal, at the request of the disputing parties, may appoint one or more experts to report to it in writing on any factual issue concerning environmental, public health, safety or other scientific matters raised by a disputing party in a proceeding, subject to such terms and conditions as the disputing parties may agree.

  • Professional Conferences Professional conferences are those conferences sponsored by educational organizations, institutions of higher learning, and government and industry concerning teaching, learning and educational research. Requests for attendance are submitted through the appropriate Xxxx, Director, or Supervisor, and forwarded to the President/Superintendent for approval at his/her sole discretion. A follow-up report of the conference shall be submitted to the appropriate Supervisor.

  • SPECIAL CONFERENCES For the discussion of important matters (not grievances) special conferences may be arranged at a mutually satisfactory time between the Association and the Employer representative(s) within ten (10) regularly scheduled working days after request of either party, subject to the following conditions:

  • Review by the Association of Procurement Decisions The Procurement Plan shall set forth those contracts which shall be subject to the Association’s Prior Review. All other contracts shall be subject to Post Review by the Association.

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