Examples of Appellant in a sentence
It is also clear that while Xx. Xxxxxx may have had reasons for not making the inquiry, either through lack of specific knowledge or experience, there is no reason why a large and sophisticated entity like the Appellant would have failed to make that same inquiry.
Specifically, based on the unassailable Findings of Fact by the Trial Judge on this issue, the majority of the Court of Appeal held that the Appellant was in no way legally dependent upon the Respondent, and that the Respondent had not agreed to relinquish self-interest and act solely on behalf of the Appellant.29 The majority of the Court of Appeal concluded, on this basis, that the law of fiduciary obligations did not assist the Appellant.30 27 ABCA Majority Reasons, at para.
In the present case, the Appellant did not need to invoke its statutory right to compel the Respondent to provide information about the existence of a bond.
The majority of the Court of Appeal accepted the case law cited by the Respondent, and relied upon by the Trial Judge, as sound in law and principle, and distinguished the trust case law relied on by the Appellant on the basis that the parties were not in a reliance-based relationship.
The Appellant will be given the opportunity to respond to any new point raised in the Respondent’s presentation v The Chairman xxxx then invite both Appellant and Respondent to adjourn in order that the Committee may consider the claim vi The Committee, after considering the issues, will reach a decision* which will be final and binding on both parties.