Navigating Supersedeas Bonds and Post Judgment Exposure
Issues Pending appeal in the Midst of an Economic Crisis
109 A writ for a new election shall not be issued until after the expiration of the time limited for appeal from the determination of the Superior Court of Justice that the election is void and, if an appeal is brought, the writ shall not
issue pending the appeal.
Not exact matches
Dunphy acknowledged the request of Uber lawyer John Keefe, who asked if the judge were to grant the city's injunction, would he consider
issuing a stay to allow Uber to continue to operate,
pending an outcome at the Ontario Court of
Appeal.
Even with the radioactive
issue of prisoner votes excised from the draft,
pending a Government
appeal, Mr Clarke is expecting trouble.
The judge ruled, «In view of the
pending appeal and application for stay of proceedings at the Court of Appeal, this matter is adjourned sine die (indefinitely) to await the decision of the Court of Appeal on the fundamental issue of service and / or of stay of proceedings.&
appeal and application for stay of proceedings at the Court of
Appeal, this matter is adjourned sine die (indefinitely) to await the decision of the Court of Appeal on the fundamental issue of service and / or of stay of proceedings.&
Appeal, this matter is adjourned sine die (indefinitely) to await the decision of the Court of
Appeal on the fundamental issue of service and / or of stay of proceedings.&
Appeal on the fundamental
issue of service and / or of stay of proceedings.»
«Matt Pawa, a leading litigator on climate related
issues, discussed his current case, Kivalina v. ExxonMobil Corporation, et al., now
pending on
appeal.
I took a few days off last week and was disappointed to return and find that the 1st U.S. Circuit Court of
Appeals had
issued a decision barring the webcasting of a hearing in a recording industry file - sharing case
pending in federal court in Boston.
Moreover, as a matter of common sense, an
appeal is not in fact «decided» until the court before which the
appeal is
pending has
issued its decision.
Another criminal lawyer, Douglas Baum, agrees the
issue of constitutionality remains open
pending an
appeal court ruling.
On
appeal, the sole
issue was whether the judge in the circuit court erred in denying the defendant's request to stay the proceedings in the plaintiff's wrongful death claim
pending the outcome of the arbitration proceedings.
In Rocha v. Director, Ministry of Environment, the ERT again refused to
issue a stay,
pending appeal, of a doubtful Director's Order
issued to an individual under the Ontario Environmental Protection Act (EPA).
The
issue in the case on
appeal was whether the plaintiff's medical negligence claim against Dr. Sweet, an expert witness, retained by plaintiff's adversary in the
pending litigation, owed a legal duty to the plaintiff.
Importantly, because the challenge by Professor Corbally to the constitutionality of the Medical Practitioners Act 2007 and its compatibility with the European Convention on Human Rights was not determined
pending the judicial review of the Medical Council's decision, the lack of
appeal issue remains open.
After the U.S. Supreme Court agreed to consider a challenge to the constitutionality of lethal injection, attorneys for Richard, a convicted murderer, had less than a day to craft an
appeal for a stay of execution
pending resolution of the
issue before the high court.
Students assist an appellate team on a
pending state criminal
appeal, including
issue spotting, drafting an opening brief and preparing the case for oral argument.
R. v. McCallum (N.J.) 2013 ABQB 175 Criminal Law — Compelling appearance, detention and release — Interim release or detention of accused
pending trial or
appeal — Review In August 2012, the court
issued a notice to the profession, setting out, as a pilot project for Edmonton, «Changes to s. 525 Detention Review and s. 520 Bail Review Hearings» under the Criminal Code.
Judge Meeran's announcement follows the recent Employment
Appeal Tribunal ruling in Johns v Solent SD Ltd, that the claim should be deferred
pending the outcome of the Heyday case: R (on the application of Incorporated Trustees of the National Council on Aging) v Secretary of State for Trade and Industry (see this
issue p 1651).
In the court's view, where, as here: (1) the Director under the OBCA
issues a certificate pursuant to a rectification order; (2) the appellant could reasonably have sought a stay of the rectification order
pending appeal; (3) the court is not satisfied that no third party acted, directly or indirectly, in reliance on the certificate
issued pursuant to the rectification order and would not be prejudiced by its revocation; and (4) there are no special circumstances which justify exercising the power to cancel the certificate, thereby undermining certainty in a court - approved corporate fundamental change, the principle in Norcan requires the court to decline to exercise its authority to order the revocation of that certificate or otherwise unwind the court - approved corporate fundamental change.
Justice Mary J.L. Gleason
issued a stay of the order of the Competition Tribunal,
pending the disposition of TREB's
appeal of the order, on Aug. 12.