Sentences with phrase «appeal under section»

(4) Subject to this Division, sections 242.2 [practice and procedure] and 242.3 [judicial review] of the Financial Institutions Act apply in relation to an appeal under this section.

is not stayed by the filing of a notice of appeal under section 54 [appeals] and may not be stayed under section 242.2 (10)(a)(i)[tribunal member hearing appeal may stay order] of the Financial Institutions Act.

(2) An appealable decision, other than one referred to in subsection (1), is stayed by the filing of a notice of appeal under section 54 [appeals], but the stay may be lifted under section 242.2 (10)(a)(ii)[tribunal member hearing appeal may lift stay] of the Financial Institutions Act.

(7) Section 35 of the Local Planning Appeal Tribunal Act, 2017 does not apply to an appeal under this section.

(4) The Public Service Grievance Board may hear and dispose of an appeal under this section, and the provisions of Part II of the Public Service of Ontario Act, 2006 and the regulations under that Part that apply in relation to grievances authorized by those regulations apply, with necessary modifications, to an appeal under this section.

After hearing an appeal under section 69, the court may confirm the award; vary the award; remit the award to the tribunal, in whole or in part, for reconsideration in the light of the court's determination; or set aside the award in whole or in part.

Unless all parties agree to the appeal being brought, an appeal under section 69 can only be brought if leave is granted by the court (section 69 (2)-RRB-.

(3) An appeal under this section may be made on any question that is not a question of fact alone and the Divisional Court may,

(b) is an appeal under section 31 from a person referred to in subsection 24 (2) presiding over the Small Claims Court; or

[139] It is important to remember that, even if section 44 (2) is repealed and the parties choose not to agree to an appeal under section 44 (1), a party can still apply to court in appropriate circumstances to set aside an arbitral award under section 45 of the Alberta Act.

(3) The designated tribunal shall hear and determine an appeal under this section, and, for that purpose, it has the powers and duties set out in the regulations.

Indeed, such agreement can be made by parties adopting institutional rules in their arbitration agreement which have the effect of excluding the right of appeal under section 49 (1).

The defendant then applied to strike out the originating summons on the ground that any and all rights of appeal under section 49 of the Arbitration Act had been waived and were thereby excluded when parties agreed to submit their disputes to arbitration under the ICC Rules.

Acting for claimants in applications to the High Court and Court of Appeal under sections 288 and 289 of the Town and Country Planning Act 1990.

CFSA at s. 69 (1) 4 states that the Lieutenant Governor in Council may make regulations governing appeals under section 12; furthermore, section 69 (3) states that such a regulation may «designate of establish the person or body to hear the appeals».

(11) Even if the person named in an order made under this section appeals it under section 11 of the Licence Appeal Tribunal Act, 1999, the order takes effect immediately but the Tribunal may grant a stay until the disposition of the appeal.

(8) The Tribunal shall use its best efforts to decide appeals under this section within the period of time prescribed under subsection (9).

Not exact matches

An election petition relating to the allocation of seats by the Electoral Commission under sections 191 to 193 may be presented to the Court of Appeal in accordance with sections 258 to 262.

An electoral petition relating to the allocation of seats under sections 191 to 193 may be presented to the Court of Appeal by a secretary of a political party whose party was listed in the part of the ballot paper that relates to the party vote.

Other examples would include Moos and McClure (where the Court of Appeal overturned the only successful kettling case to date) and the admittedly contentious decision in Abdul v DPP - the conviction under section five of the Public Order Act 1986 of those protesting in fairly vituperative terms («baby killers», «rapists», «murderers» etc) about the war in Iraq at a homecoming for British troops.

Aggrieved parties have 30 days to commence an appeal under Education Law section 310.

-- The Secretary shall establish procedures for appeal and review of determinations made under this section.

in the case of an unaccompanied youth, ensure that the local educational agency liaison assists in placement or enrollment decisions under this paragraph, including coordination with the committee on special education for students with disabilities pursuant to section 200.4 of this Title, considers the views of such unaccompanied youth, and provides notice to such youth of the right to appeal pursuant to 42 U.S.C. section 11432 (g)(3)(E)(ii)(Public Law 107 - 110, title X, section 1032, 115 STAT.

This section advises on your first step - being familiar with your school pay policy's pay progression criteria and its pay appeals procedure - and on steps to take if you decide that the policy itself should be challenged, rather than decisions made under the policy.

In papers filed with the U.S. Court of Appeals for the Seventh Circuit, the teachers claimed that the layoff clause in their contract violated their equal - protection and due - process rights under the 14th Amendment and their right to protection from racial discrimination under Title VII of the Civil Rights Act of 1964 and Sections 1981 and 1983 of the Civil Rights Act of 1871.

A California Court of Appeals upheld a community college's temporary lease of surplus land to a religious organization at fair market value under California's second Blaine Amendment (Article XVI, Section 5).

• School Expansion, Growth & Strategic Planning • State and Federal Employment Law • School Board and Nonprofit Governance • Administrative Law & Appeals of State and Federal Agency Decisions and Actions • Special Investigations & Legal / Compliance Audits • Policy Guidance and Development • Constitutional Challenges and Claims • School Employee and School Board Training • Litigation in Federal and State Courts • Administrative Hearings and Appeals Before State and Federal Agencies • Public Entity Purchasing and Procurement; Business Transactions; & Contract Negotiation, Review and Drafting • Construction Law, AIA Construction Contracts, Review and Drafting • Real Estate Transactions and Condemnation • Special Education under IDEA and Section 504 • Student Rights & Discipline Issues and Hearings • State and Federal Claims of Discrimination • State and Federal Civil Rights • Administrative Grievances and Hearings • False Claims Act / Qui Tam Defense for Local Government Entities

In June, California's Fourth District Court of Appeal ruled that a charter school student was not entitled to the evidentiary hearing required under Education Code section 48918 before being dismissed from a charter school for bringing a knife to school and threatening a fellow student (Scott B. v. Orange County High School of Arts 217 Cal.App.4 th 117 (Cal.App.

(d) If any State is dissatisfied with the Secretary's action under subsection (b) or (c) of this section, such State may appeal to the United States district court for the district where the capital of such State is located and judicial review of such action shall be on the record in accordance with the provisions of chapter 7 of title 5, United States Code.

(j) Any civil action brought under subsection (e) and any proceedings brought under subsection (i) shall be subject to appeal as provided in sections 1291 and 1292, title 28, United States Code.

The appeals court noted that upon forgiveness of the student loan debt by ECMC after the 25 year period, the debtor would owe income tax on the entire $ 95,000 forgiven debt, except to the extent she was insolvent under the tax code, 26 U.S.C. section 108 (a).

There's not much of interest in it, except in the section on page 21 headed «Jurisdiction», where Dr Mann has withdrawn his objection that «an appeal of the denial of a motion to dismiss under the Act does not meet the stringent requirements of the collateral order doctrine».

Back on July 7, 2017, the D.C. Circuit Court of Appeals rejected FERC's order revising PJM Interconnection's «Minimum Offer Price Rule» (MOPR), saying FERC exceeded its Section 205 authority under the Federal Power Act by commanding an entirely different approach to the MOPR than what PJM's stakeholders agreed upon...

But wait, there's more — read Michael Cernovich's post, «Poor Betty Lou,» to find out how Dossett's attorney effectively sued the bank under section 1983, won her a $ 1.56 million jury settlement and then ended up in appeals court anyhow.

If the settlement provides for the payment of a lump sum in an amount offered by the insurer and, with respect to a benefit under the Statutory Accident Benefits Schedule that is not a lump sum benefit, the settlement contains a restriction on the insured person's right to mediate, litigate, arbitrate, appeal or apply to vary an order as provided in section 280 to 284 of the Act, a statement of the insurer's estimate of the commuted value of the benefit and an explanation of hoe the insurer determined the commuted value.

The appellate court affirmed the appeal of the postjudgment appeals ruling, finding the trial judge properly found the «gist» of the complaint / cross-claims were to enforce provisions of the governing documents on equitable theories such that plaintiff prevailed and was entitled to fees under Civil Code section 1354 (c).

While not ruling out the possibility that a without cause termination can still be «unjust» in certain circumstances, the Federal Court of Appeal made clear that simply because a dismissal occurs on a without cause basis does not make it «unjust» under Section 240 of the Canada Code.

In considering Sheehan v. Flower, The Arizona Court of Appeals ruled grandparents are not entitled to rights (under A.R.S. Section 25 - 408) to object to a custodial parent's out of state relocation with their child.

The first important matter was that this was not an appeal from any decided case, but from a decision on the interpretation of whether something could be a criminal offence under section 92 of the Trade Marks Act 1994.

Summary: The Respondent to the arbitration (challenging party) challenged the award under item 2 of Section 34 of the Swedish Arbitration Act, requesting that the Court of Appeal annul paragraphs...

The Virginia Court of Appeals then noted that under Section 20 - 91 (A)(9)(c), the entry of a no fault divorce decree does not lessen the obligation of either spouse to support his or her spouse, unless the spouse proves the existence of a fault ground in his or her favor.

Section 21 (1) states that «an appeal lies to the appellate court from any judgment or order, whether final or interim rendered or made by a court under this act.»

«Protection of reputation should be declared a stand - alone constitutional right under section 7 of the Charter, subject to the same vicissitudes as freedom of expression, namely, the further removed from its core value, the less worthy of protection,» states Timothy Danson, lead counsel for the doctor, in written submissions filed with the Court of Appeal.

«Comprehensive federal statutory schemes, such as the SDWA, preclude rights of action under Section 1983 for alleged deprivations of constitutional rights in the field occupied by the federal statutory scheme,» the appeals court wrote in Mattoon, which stemmed from a lawsuit on behalf of 68 Berkshire County, Massachusetts, residents who alleged they came down with giardiasis, commonly known as «beaver fever,» after drinking contaminated water.

Thus defences involving alleged breaches of normal police procedure or breaches of a person's Charter Rights (under section 10: right to counsel, or under section 8: right against unreasonable search and seizure) are simply not available in IRP and ADP appeals.

In its decision, the appeal court found that the section only applied to exclude other courts in B.C. from hearing matters under the act, and not other courts worldwide.

The Court of Appeal assessed whether the High Court had jurisdiction to order disclosure and examination under section 266 of the Companies Act 1993.

(6) Where a local authority refuse an application for a licence under section 37 of this Act or revoke or, otherwise than on the application of the holder, vary such a licence they shall state their grounds for doing so in writing to the applicant or, as the case may be, the holder of the licence; and the applicant or holder may appeal to a magistrates» court or, in Scotland, the sheriff, against the refusal, revocation or variation, and against any condition subject to which the licence is granted or any approval is given, not being a condition which the local authority are required to impose.

(b) may prescribe the burden of proof and standard of proof applicable in a proceeding before the Licence Appeal Tribunal under section 280;

281 (1) After the Licence Appeal Tribunal issues a decision, the insurer shall not reduce benefits to the insured person on the basis of an alleged change of circumstances, alleged new evidence or an alleged error except as provided under this section.