Sentences with phrase «application of a change in circumstances»

2011)(rejecting the notion the conduct of the parties created a de facto custody agreement sufficient to warrant the application of a change in circumstances standard in determining child's custody).

Not exact matches

This affidavit must affirm that there have been no changes in the firm's circumstances affecting its ability to meet size, disadvantaged status, ownership or control requirements of the part or any material changes in the information provided in its application form, except for changes about which you have notified the recipient as provided in the regulation.

The No Change Affidavit and Declaration affirms that there have been no changes in the firm's circumstances affecting its ability to meet size, disadvantaged status, ownership or control requirements of the part or any material changes in the information provided in its application form.

The value of foreign investments may be affected by changes in exchange control regulations, application of foreign tax laws (including withholding tax), changes in governmental administration or economic or monetary policy (in this country or abroad), or changed circumstances in dealings between nations.

First M argued that a court must approach the application with Edgar principles in mind: that the court will only interfere with an agreement where there has been a drastic change of circumstances or there are other vitiating factors such as undue pressure, inadequate knowledge, inadequacy of the agreement (see Camm v Camm [1983] 4 FLR 577) and so on.

When faced with an application to vary an order, the court should not ignore a mutually - accepted separation agreement such as the one reached by these spouses; however, it will be only one of several factors that goes into the threshold question of whether there has been a «material change» in circumstances since the initial order was made.

the court may allow the application provided that there has been a change of circumstances since the making of the original offer and it is in the interests of justice to give permission.

s. 32 The Agency may review, rescind or vary any decision or order made by it or may re-hear any application before deciding it if, in the opinion of the Agency, since the decision or order or the hearing of the application, there has been a change in the facts or circumstances pertaining to the decision, order or hearing.

[50] Justices Bastarache and Arbour concluded spousal support agreements should be given considerable weight, except: (i) where the circumstances under which such an agreement was negotiated and executed are unsatisfactory; (ii) where there is substantial unfairness (non-compliance with the objectives of the Divorce Act) when the agreement was entered into; or (iii) where at the time an application to determine spousal support is commenced there has been a change in circumstances not reasonably anticipated by the parties which renders the agreement unfair (i.e., no longer in compliance with the objectives of the Divorce Act).

Legal principle must try «to keep the law abreast of the society in which [the judges] live and work»: «If the law should impose upon the process of «growing up» fixed limits where nature knows only a continuous process, the price would be artificiality and a lack of realism in an area where the law must be sensitive to human development and social change... Unless and until Parliament should think fit to intervene, the courts should establish a principle flexible enough to enable justice to be achieved by its application to the particular circumstances proved by the evidence placed before them.»

On such application the court may allow the application provided that there has been a change of circumstances since the making of the original offer and it is in the interests of justice to give permission.

However, different considerations may apply where there is relevant fresh evidence that was not available at the date of the hearing, or a change in the law, and so this principle has no application where there is a change in circumstances or there are new events after the date of the decision.

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The court noted a change in the law did not trigger the «special circumstance» exception to issue estoppel, and found there was no basis to exercise its discretion to bar the application of issue estoppel in this case.

A change in circumstances may include a change in the income of the parents, the application of a parenting plan, the failure to comply with a parenting plan or a change in the expense of child rearing specifically considered in the Guidelines.

Lorne N MacLean, QC addresses the thorny issue of applications to reduce or cancel support due to a material change in circumstances in today's blog.

If the court finds such a change in circumstances, the second stage is reached and the question of leave falls to be decided by the application of s 1 of ACA 2002.

[22] The preliminary issue which the claimant has raised and I must consider is whether there has been a material change in circumstance in order for the court to consider the respondent's application to vary the terms of the parties» settlement agreement.

47 On application, a court may change, suspend or terminate an order respecting parenting arrangements if satisfied that, since the making of the order, there has been a change in the needs or circumstances of the child, including because of a change in the circumstances of another person.

The Parliament of Canada recently amended the law of self - defence to simplify its application, but in the coming years, those changes, like any to the law, will create opportunities for lawyers to invite the Courts to consider new contexts and circumstances that may justify the defence.

Ultimately, their lordships took the view that whether or not there had been a relevant change in circumstances, must be a matter of fact to be decided by the good sense and sound judgment of the tribunal hearing the application.

In any application for a decree of dissolution, the court can review any previous arrangements made by the parties such as a separation agreement, particularly if the circumstances of either party has changed.

In any application for a decree of divorce, the court can review any previous arrangements made by the parties, such as a separation agreement, particularly if the circumstances of either party have changed.

That person may receive all the correspondence that would normally be sent to the client, act on their behalf in respect of reporting changes of circumstance and make an application for maintenance in the first instance.