Sentences with phrase «abuse of process at»

They deal with abuse of process at arbitration, entitlement of part - time and custodial employees to miscellaneous leaves, and the balancing of religious freedom with other statutory requirements...

Not exact matches

In my view, it is an abuse of process, as that phrase is used in this setting, for Burnaby to be seeking here the relief it failed to obtain at the NEB and in the Federal Court of Appeal.

But beyond a look at how church officials covered up the abuse of dozens of young boys by priests, the film is about dedication to the reporting process itself.

In most courtrooms, the story of a defendant's terrible childhood — what types of abuse or neglect may have prompted him or her to commit crimes — is often told at the very end of the court process when a judge decides which sentence to impose.

The case was adjourned at the instance of the respondents» Counsel's inability to identify and argue the motion he had filed, alleging abuse of court process in the Zakzaky's suit.

The complainants (who at the moment will remain anonymous) even alleged that they was willing to go to News 12 and the Journal News to expose the actions of Mr. Lafayette concerning the process to challenge the signatures, fraudulently having people on Democratic voter rolls and abusing his absolute power over the voting process as Westchester democratic chairman, Mount Vernon City Committee Chairman and Westchester County Democratic Commissioner of Elections which they felt was illegal in nature and the DA's office was against the complainants going public with their complaints.

But in a statement from the Nigerian Wailers signed by its Deputy National Publicity Secretary, Mr Fasipe Oluyemi, the group has called on the good people of Nigeria to come out en mass for a protest (#OccupyCBN) to stop this impunity of the Fraudulent Forex Trading, Round Tripping and racketeering going on in the Central Bank of Nigeria aided by its Governor, Mr. Godwin Emefiele and bring to an end the Manipulation of Forex, illegally funding Federal Government budget, short - changing the Money Deposit Bank's reserve ratio at the expense of the Masses as the abuse of internal process.

In his words, «The wide acceptance of NYSC Scheme both at the national and international levels is borne out by the noteworthy contribution of Corps members to such exercises as the electoral process, the effective nationwide campaign against HIV / AIDs, Road accidents, Drug Abuse, Human Trafficking, Corruption, Illiteracy and the implementation of various aspects of the SDGs programme.

«In my own view, this plot is an act of desperation, blackmail, intimidation, abuse of office and crude tactics aimed at turning our country into a Police State where top officials can not be made to obey the law, follow due process and subject themselves to constituted authorities,» the Senate President told Senators.

The Senate President has also charged the IG of «blackmail, intimidation, abuse of office and crude tactics aimed at turning our country into a Police State where top officials can not be made to obey the law, follow due process and subject themselves to constituted authorities.»

His priorities include implementing procedures to deal with new requirements to provide counsel to all defendants at the initial arraignment; taking advantage of modern information technology in the court to process its caseload and exchange information with other parts of the state court system; and to improve the court's ability to address the problems of domestic violence and substance abuse.

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«It's interesting to note the high percentage of people who say they would have reported the abuse had they known how to, or if the process was simpler,» Lee Langford, research director for telecoms, media, technology and entertainment at Harris Interactive, said.

The abuses alleged in the testing process appear to be more a problem related to constant practice and benchmark testing at the school district level than problems with the requirement of the state accountability system, which are benign by comparison.

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From Shepard Fairey's «How I'm Taking on Abuse of Power and Political Corruption» in The Daily Beast to a behind - the - scenes look at Daniel Heidkamp's studio process in ARTNews Habitat, it's been a big year in news for Pace Prints artists.

While the use of cost benefit analysis in civil engineering and other reasonably quantifiable technical decision making processes goes back to at least the 1930s, the most serious abuse of cost - benefit analysis, at least in U.S. environmental policy making, began with Ronald Reagan.

Other victims of Walker's abuse of process have also gone on the attack with lawsuits seeking sanctions against the AG, whose office has withdrawn its subpoena of libertarian think tank, Competitive Enterprise Institute, but still threatens to re-impose it at its whim.

I think what you mean is now that the denialists have stolen the emails etcetera, they will have no qualms about abusing science, scientists, the political process with this illegally obtained information because the gutless wonders at UKICO will «investigate» the scientists instead of the thieves.

When you think about some of the prosecutorial abuses in the criminal process even where defendants are represented by counsel, the odds that Stewart could beat his charges at a pro se are very high indeed.

In criminal proceedings, it is well - established that a stay for abuse of process may arise either because it is no longer possible to have a fair trial (limb one); or because it offends the court's sense of justice and propriety to try the accused in the particular circumstances of the case (limb two), see R v Maxwell [2010] UKSC 48, [2011] 4 All ER 941, per Lord Dyson SCJ at [13].

Before that, St. Anne's survivors faced hearings for compensation under the settlement agreement's Independent Assessment Process where federal government lawyers denied the existence of documented evidence of abuse at the school.

Alternatively, at any stage of the private prosecution, the conduct of the private prosecutor could be relied upon as the foundation for an abuse of process submission if the conduct causes unfairness or is unconscionable.

Hollander v Mooney 2017 BCCA 238 discussed the Court's jurisdiction to order costs against a non-party and held that it is limited to special circumstances such as fraudulent conduct, abuse of process, gross misconduct, or circumstances where the non-party is the «real litigant»: Anchorage Management Services Ltd. v. 465404 B.C. Inc., 1999 BCCA 771at para. 21; Perez v. Galambos, 2008 BCCA 382at paras. 17 — 18; and Animal Welfare at paras. 53 — 58.

During the proceedings, Groia accused prosecutors for the Ontario Securities Commission of abuse of process and professional misconduct, largely over disclosure issues, said they were trying to convict his client «at all costs.»

We acted for a main defendant in the first London City Bond appeal at the Court of Appeal and in the subsequent retrial and joined abuse of process hearing at Liverpool Crown Court.

At first instance the Magistrates» Court stayed the extradition following arguments in which it was submitted the extradition of this client in the particular circumstances amounted to an abuse of process.

Nothing in «The Way Forward» hints at the unprecedented power given to the Executive Director in section 2.2 of the new «Procedures» to unilaterally decide that certain complaints will not reach the Council when he deems them to be «clearly irrational» or «an obvious abuse of the complaints process».

In addition, the doctrine of abuse of process is considered in the second prong of the test to guard against state conduct that «society finds unacceptable, and which threatens the integrity of the justice system» (Hart at para 113).

In this application Penn West applied to strike the action against it on the basis that it was an abuse of process (since the matters raised were «virtually» the same as the matters raised in the Crown action) and on the basis that in part at least it represented a collateral attack on regulatory decisions made by the Energy Resources Conservation Board (ERCB) as the predecessor of the current Alberta Energy Regulator (AER or Regulator).

He says the law society maintained that it was an «abuse of process» for Groia to even defend himself at his disciplinary hearing.

The experienced nursing home abuse lawyers at Rasansky Law Firm have the resources to help guide you through the process of your nursing home case, answer your questions and work to help you achieve results that will try to ensure that this type of behavior does not happen again.

In fact, they have taken a strongly pro-claimant stance by holding that she is given a choice of forum that is not to be negated under s 2 (3) in the absence of strong evidence of an abuse of process, especially where the result would be to leave her with no action at all.

In La, Justice Sopinka emphasized, at para. 27, that «[t] he appropriateness of a stay of proceedings depends upon the effect of the conduct amounting to an abuse of process or other prejudice on the fairness of the trial.»

The court therefore concluded, at para. 20, that «[i] n lost evidence cases, prejudice, or conduct amounting to an abuse of the process of the court... must be established to ground a finding that the appellant's Charter rights have been breached.»

We next reviewed each of the 65 cases we found in 2014, and removed each case that included either a formal declaration that the SRL was a «vexatious litigant», or any indicia in the judgment hinting at vexatiousness or «process abuse» (for example, multiple filings in this case, or previous actions on similar points)[5].

[92] Although I have concluded that it was an abuse of process by the defendants to deny liability completely, they were not guilty of an abuse of process in maintaining the defence of contributory negligence of Mr. Ulmer at all times.

In fact, the Singapore High Court went further to state that it would be an abuse of process to allow a party who had raised a jurisdictional challenge but chose not to participate in most part of the arbitration, to wait till the opposing party goes through the entire arbitral process, obtains an award, only to be met by a setting aside application at the seat when it could have done so within the 30 - day period under Article 16 (3) of the Model Law.

The majority held that decisions about professional discipline are akin to prosecutorial discretion, such that errors «must likely approach an abuse of process to invite judicial intervention» (at para 47).

The issues at appeal: At the start of the discipline hearing in 2007, the registrant sought a stay of proceedings on the basis of inordinate delay making the proceedings an abuse of procesat appeal: At the start of the discipline hearing in 2007, the registrant sought a stay of proceedings on the basis of inordinate delay making the proceedings an abuse of procesAt the start of the discipline hearing in 2007, the registrant sought a stay of proceedings on the basis of inordinate delay making the proceedings an abuse of process.

In the case at bar, there was no such abuse of process, and not even unreasonableness, as the Alternative Complaints Resolution Process adopted by CARNA under the HPA was excluded in cases where the conduct was crprocess, and not even unreasonableness, as the Alternative Complaints Resolution Process adopted by CARNA under the HPA was excluded in cases where the conduct was crProcess adopted by CARNA under the HPA was excluded in cases where the conduct was criminal.

The Court of Appeal cited Abella J., who wrote, after reviewing the law of issue estoppel, collateral attack and abuse of process, «forum shopping for a different and better result can be dressed up in many attractive adjectives, but fairness is not among them» (See British Columbia (Workers» Compensation Board) v Figliola, 2011 SCC 52 (CanLII) at para 36).

Knights, the paramour of EastEnders actress Gillian Taylforth at the time, was charged with assaulting a taxi driver, but Judge Sanders of Harrow Crown Court was forced to abandon proceedings due to the adverse media coverage, citing a «grave abuse of process».

The whole Independent Assessment Process was designed to provide redress for historic wrongs for abuses that occurred at residential schools and it would be very unfortunate if part of the legacy of the IAP was that claimants were being revictimized by people that they were vulnerable to and trusted.

C.A., Mar. 14, 2012)(34824) Feb. 21, 2014 There are rare occasions — «the clearest of cases» — when a stay of proceedings for an abuse of process will be warranted (R. v. O'Connor, [1995] 4 S.C.R. 411, at para. 68).

It noted that the Department of Justice, under the Clinton administration, had abused the FISA process and misled the court at least 12 times and that the government had admitted FBI officials had provided erroneous information to the court on more than 75 requests for warrants and wiretaps.

Comment: The majority of commenters supported our proposal to codify the existing special enrollment periods for (1) dependents of Indians on the same application as the Indian at § 155.420 (d)(8)(ii); (2) victims of domestic abuse or spousal abandonment at § 155.420 (d)(10); (3) Medicaid or CHIP denials at § 155.420 (d)(11); (4) material plan or benefit display errors at § 155.420 (d)(12); and (5) data matching issues that are cleared post-expiration of an inconsistency period or individuals who are verified through the data matching process to meet the citizenship, national, or immigration criteria described in section 1401 (c)(1)(A)(ii) of the Affordable Care Act at § 155.420 (d)(13).

This process of manipulating children to reject a parent is nothing short of child abuse and have been demonstrated in research that it is at times worse than physical or sexual abuse.

In the case of abuse, family lawyers can be incredibly supportive and can expedite the process by which a person is convicted or at least placed under a protective order.

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