Expert Evidence Sample Clauses

Expert Evidence. (i) No expert evidence shall be adduced in the arbitration without the Arbitrator’s permission. (ii) The Arbitrator shall not give such permission unless satisfied that expert evidence is reasonably necessary for the proper determination of an issue arising in the arbitration. (iii) No party shall be given permission to adduce evidence from more than one expert in each field requiring expert evidence save in exceptional circumstances. (iv) Any application for permission to adduce expert evidence must be made at the latest within 14 days after disclosure of relevant documents has been effected.
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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. 14.2 The PC may obtain independent legal advice to assist in the determination of legal issues. The parents shall be provided with copies any legal opinions obtained. 14.3 The cost of all such experts shall be paid equally by the parents, subject to reapportionment by the PC. 14.4 The PC may, in their discretion and at their own cost, consult with other professionals for procedural advice.
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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. 11.1. The parties authorize the Arbitrator to determine the necessity of retaining professional(s) to provide expert opinion(s) respecting any outstanding issues(s) and to retain such professional(s) as the Arbitrator deems appropriate. 11.2. The parties agree to pay the fees of the expert(s) in the amounts or proportions determined by the Arbitrator and authorize the Arbitrator to include these fees as a disbursement on the Arbitrator’s account.
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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. 8.3.2 If Arbitration takes place and issues of law arise, in the PC’s sole discretion, the PC is authorized to obtain independent legal advice to assist her in the determination of those issues. The parents shall have access to any representations or opinions provided by such counsel. The cost of such counsel shall initially be borne by the parents equally, subject to reapportionment by the PC.
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Expert Evidence. (i)10.4 No expert evidence shall be adduced in the arbitration without the Arbitrator's permission.
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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. [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: [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 Review. He again noted the words of Xxxxxxx X. in the foregoing case that: “It will be virtually impossible to justify the submission of expert evidence which goes beyond the explanation of technical terms, since it will almost inevitably involve an attempt to challenge the factual conclusions and judgments of an expert. That is something which is inappropriate for a reviewing court.”97 [179] He also drew the Court’s attention to the local decision of Digicel (Trinidad & Tobago) Limited v Macmillan & Others98, where Xx...
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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: (a) who is appointed by the Parties, or in default of such appointment within ten (10) Business Days after either Party giving notice in writing to the other Party requiring the appointment of an expert then that person is to be nominated at either Party’s request by: (i) if the Parties agree that the Dispute is of a financial nature, the President for the time being of CPA Australia; (ii) if the Parties agree that the Dispute is of a non-financial nature, the President for the time being of the Engineers Australia – Queensland Division; and (iii) in any other case, by the President for the time being of the Queensland Law Society Incorporated; (b) who has appropriate qualifications and practical experience having regard to the nature of the Dispute; (c) who has no interest or duty which conflicts or may conflict with his function as expert, he being required to fully disclose any such interest or duty by written notice to the Parties before his appointment; (d) who is not an employee of the End User, any Operator or Aurizon Network or of a Related Body Corporate of any of them; (e) who shall not be permitted to act until he has given written notice to both Parties that he is willing and able to accept the appointment; (f) who shall have regard to the provisions of this Agreement and consider all submissions (including oral submissions by either Party provided that such oral submissions are made in the presence of the other Party), supporting documentation, information and data with respect to the matter submitted by the Parties or submitted by the Parties as soon as reasonably practicable at his request and who must provide both Parties with a copy of his determination in the form of a report within a reasonable time after his appointment; (g) who shall be required to undertake to keep confidential all matters coming to his knowledge by reason of his appointment and performance of his duties; (h) who shall be deemed to be and shall act as an expert and not an arbitrator and the law relating to arbitration (including, without limitation, the Commercial Arbitration Act 1990 (Qld)) shall not apply to him or his determination or the procedures by which he may reach his determination; (i) whose decision, in the absence of manifest error, shall be final and binding upon the Parties; and (j) whose costs (and the costs of any advisers to the expert) shall be borne by the Parties in equal shares with each Party bearing its own costs of participating in the dispute resolution process (unless otherwise agreed by the Parties). Any determination made by an expert must be consistent with the provisions of this Agreement.

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

  • 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. When a full-time or part-time faculty member’s attendance at a professional conference conflicts with his/her regular assignment, the faculty member must submit a request for attendance to the appropriate Xxxx, Director, or Supervisor. If granted, the attendance at the conference will be considered leave with pay, and a follow-up report of the conference shall be submitted to the appropriate Supervisor.

  • SPECIAL CONFERENCES Special conferences for important matters may be arranged between the Union and the designated representative of the Board upon the request of either party.

  • Search, Enquiry, Investigation, Examination And Verification a. The Property is sold on an “as is where is basis” subject to all the necessary inspection, search (including but not limited to the status of title), enquiry (including but not limited to the terms of consent to transfer and/or assignment and outstanding charges), investigation, examination and verification of which the Purchaser is already advised to conduct prior to the auction and which the Purchaser warrants to the Assignee has been conducted by the Purchaser’s independent legal advisors at the time of execution of the Memorandum. b. The intending bidder or the Purchaser is responsible at own costs and expenses to make and shall be deemed to have carried out own search, enquiry, investigation, examination and verification on all liabilities and encumbrances affecting the Property, the title particulars as well as the accuracy and correctness of the particulars and information provided. c. The Purchaser shall be deemed to purchase the Property in all respects subject thereto and shall also be deemed to have full knowledge of the state and condition of the Property regardless of whether or not the said search, enquiry, investigation, examination and verification have been conducted. d. The Purchaser shall be deemed to have read, understood and accepted these Conditions of Sale prior to the auction and to have knowledge of all matters which would have been disclosed thereby and the Purchaser expressly warrants to the Assignee that the Purchaser has sought independent legal advice on all matters pertaining to this sale and has been advised by his/her/its independent legal advisor of the effect of all the Conditions of Sale. e. Neither the Assignee nor the Auctioneer shall be required or bound to inform the Purchaser of any such matters whether known to them or not and the Purchaser shall raise no enquiry, requisition or objection thereon or thereto.

  • Documentary Evidence For purposes of this Annex I, acceptable documentary evidence includes any of the following: 1. A certificate of residence issued by an authorized government body (for example, a government or agency thereof, or a municipality) of the jurisdiction in which the payee claims to be a resident. 2. With respect to an individual, any valid identification issued by an authorized government body (for example, a government or agency thereof, or a municipality), that includes the individual’s name and is typically used for identification purposes. 3. With respect to an Entity, any official documentation issued by an authorized government body (for example, a government or agency thereof, or a municipality) that includes the name of the Entity and either the address of its principal office in the jurisdiction (or U.S. Territory) in which it claims to be a resident or the jurisdiction (or U.S. Territory) in which the Entity was incorporated or organized. 4. With respect to a Financial Account maintained in a jurisdiction with anti-money laundering rules that have been approved by the IRS in connection with a QI agreement (as described in relevant U.S. Treasury Regulations), any of the documents, other than a Form W-8 or W-9, referenced in the jurisdiction’s attachment to the QI agreement for identifying individuals or Entities. 5. Any financial statement, third-party credit report, bankruptcy filing, or U.S. Securities and Exchange Commission report.

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