Sentences with phrase «application under the rules»

Several well - regarded charter groups are eager to submit applications under those rules.

This test is identical to that applied on an application under Rule 9 - 5 (1)(a) and, as a result, it has been held that a Third Party Notice should only be set aside if there is no serious question or issue to be determined, the question or issue raised by the Third Party Notice is not substantially the same as a question or issue in the original action or the question or issue should not properly be determined in the original action: Northmark Mechanical Systems Inc. v. King (Estate), [2009] B.C.J. No. 1812, 2009 BCSC 1237.

While the solicitor for one side does not owe a duty of care to the other party, [195] where there is an obvious mistake the solicitor should promptly notify the other party and then, where the client wishes to use the document, make an application under rule 31.20 of the CPR to allow such use.

[1] This is an application under Rule 14.05.

Rule 68 (13) requires that «[i] n considering any application under this rule, the court must consider what is reasonable in relation to the amount at issue in the action» (emphasis added).

[47] Neither party has brought an application under Rule 68 (7) for an order that Rule 68 does not apply.

If it is not possible for a party to attend at the JCC in person (i.e. they live in another country), then the party unable to attend in person can make an application under Rule 22 - 6 (4) of the SCFR to appear at the JCC via telephone.

(e) «Application Arbitrator» means an arbitrator appointed from the Centre's Panel by the Centre's Panel Committee to hear an application under these Rules;

The appellant brought an application under rule 14.05 of the Rules of Civil Procedure seeking a mandatory order for the payment of money pursuant to an undertaking to pay.

The other cases mainly dealt with procedural issues (consolidation of applications under the Substitute Decisions Act, adjournments, summary judgment, and applications under Rule 14.05).

Not exact matches

Under most circumstances, that would conclude the legal story as several Canadian courts reviewed Eli Lilly's patent applications and ruled that they failed to meet the standards for patentability.

In the context of an angel group with membership application standards consistent with those of the industry and approved by an industry group, things like a personal referral from an existing accredited investor member, automated background and identity checks, and the use of an expanded investor suitability questionnaire, might be deemed to satisfy the «reasonable steps to verify» test under Rule 506 (c).

But for good measure, and given the risk of appeal, Justice Macintosh went on to give his reasons denying Burnaby's application and for supporting the NEB's reasoning in its Ruling No. 40 concluding (at para 80) that «under both... paramountcy and interjurisdictional immunity... Burnaby is precluded from seeking to apply its bylaws so as to impede or block any steps Trans Mountain must take in order to safely prepare and locate the Expansion Project.»

Under Suncorp's new rules, it will no longer accept investment loan applications for apartments that do not have a minimum deposit of at least 20 per cent.

For example, in the essay's section on «defining success,» Father Neuhaus writes, «Finally, success will be if, three or thirty years from now, Afghanistan and Iraq have reasonably decent and stable governments, operating under something believably like the rule of law...» This lacks the specificity to qualify as a serious application of just war theory.

However I would not choose to ever order from a co-op that has files applications with the manufacturer under false statements, or breaks the pricing rules they agreed to, or asks the members to not share the pricing they have sold the product for.

Ruling on the bail application, Magistrate Segun - Bello noted that bail had been liberalised said under the ACJA, adding that the prosecution counsel had not placed anything before the court to show why the defendant should not be granted bail.

«Our support for freedom of expression, development of independent civil society and our conviction that the transparent and consistent application of human rights under the rule of law, are essential prerequisites for China's long term prosperity and stability,» No 10 said before the summit.

Empire State Development responded to a request last fall, saying no new projects have filed applications under the new rules.

Campaigners claimed that, under the rules drawn up to decide which pre-1997 applications would be approved, only around 100 Gurkhas would qualify for residence.

But in her motion challenging the EFCC's ex parte application, Mrs. Jonathan, through her lawyers, argued that the EFCC's «Ex parte Originating Summons» was not one of the modes of commencement of action under Order 3, Rule 1 of the Federal High Court (Civil Procedure Rules) 2009, and that it was not known or provided for by any law or rules of cRules) 2009, and that it was not known or provided for by any law or rules of crules of court.

But in a statement issued on Thursday by its Publicity Secretary, Taiwo Olatunbosun, Ekiti APC stressed that the governor can not hide under the constitution to abuse a special intervention scheme that specifically insisted on a set of rules for strict application of the funds for the purpose for which it was approved.

«In connection with Pilgrim's application, the Thruway Authority will also need to determine whether the project is consistent with, and permissible under, applicable state and federal laws, rules, regulations and policies regulating highway use,» Megna wrote.

Of those, about 100 more applications would have been approved under the new guidelines, but would have been rejected under the old rules.

In September, 2014 the Town of Clarkstown announced that it had retained Public Sector HR Consultants LLC of Glenville, NY to conduct a review of the human resources practices and issues of concern on application of civil service rules and regulations in the Highway Department under the management of Superintendent Wayne Ballard.

Under the contest rules, each participating institution — including NIH institutes — can sponsor up to two candidates, but NIH only puts forward applications they expect to be competitive.

These pathways include both new applications and requests to have «legacy» pathways (adopted under the prior LCFS rule)... Read more →

The common application allows families to pick and choose among different types of public schools under the same rules and with the same information.

Under the new state rules, districts interested in receiving SIG funds must submit an application to the California Department of Education.

The OIG report argues the payments made under the ELT agreements represented payments for loan applications and not payments for loans already made, and as such represented a violation of the prohibited inducement rules.

After Secretary DeVos assured the public that «promises made to students under the current rule will be promises kept,» not one application has been approved in six months.

In her statement, Secretary of Education DeVos said that nearly 16,000 borrower defense claims are currently being processed, and the Department of Education will continue to process applications under the current rule until a new one is enacted.

Important Timing — For buyers wishing to purchase under the current rules the mortgage application must be approved before the changes take place.

Or as they put it: «This rule applies to transactions covered under the rule for which [lenders] receive an application on or after January 10, 2014.»

At the time of writing, over 68,000 applications under the previous Borrower Defense to Repayment Rule are in limbo until the new rules are announced by the federal authorities.

The Hilton Honors Program Terms and Conditions are governed by and are to be construed under the laws of the State of New York, U.S.A, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state laws.

If the Administrator finds that the financial responsibility, experience, character and general fitness of the applicant are such as to warrant belief that the business will be operated pursuant to the Credit Services Organization Act and rules promulgated pursuant thereto, the Administrator shall grant the application and issue to the applicant a license which will evidence his authority to do business under the provisions of the Credit Services Organization Act.

Hot Tip: Remember, many Chase cards fall under their 5/24 rule, which almost guarantees a denial on your application if you've applied for more than 5 credit cards from any bank in the past 24 months.

If you opened the earliest of those 5 cards just 12 months ago, then you'll need to put all credit card applications on hold for another year before applying for one of those Chase cards under their 5/24 rule.

As mentioned above, this card also falls under the 5/24 rule which means that if you've had 5 or more new credit cards in the last 24 months, your application will be declined.

-- Not later than 2025 and at 5 - year intervals thereafter, the Administrator shall review the standards for new covered EGUs under this section and shall, by rule, reduce the maximum carbon dioxide emission rate for new covered EGUs to a rate which reflects the degree of emission limitation achievable through the application of the best system of emission reduction which (taking into account the cost of achieving such reduction and any nonair quality health and environmental impact and energy requirements) the Administrator determines has been adequately demonstrated.

Under the new rules, which the NEB put in place at the direction of the federal government in response to overwhelming opposition from the public during the NEB's review of the Northern Gateway pipeline, Ontario residents who live along the 639 - kilometre pipeline route and want to submit public comments about their concerns — are you ready for it — fill out a long and complex application to ask permissionfrom the NEB, Canada's pipeline regulator, before they can even submit a letter to the NEB on the Line 9 pipeline proposal.

Under the new rules, which the NEB put in place at the direction of the federal government in response to overwhelming opposition from the public during the NEB's review of the Northern Gateway pipeline, Ontario residents who live along the 639 - kilometre pipeline route and want to submit public comments about their concerns — are you ready for it — fill out a long and complex application to ask permission from the NEB, Canada's pipeline regulator, before they can even submit a letter to the NEB on the Line 9 pipeline proposal.

Under the new rules, utilities have 15 days to file community - solar rates with the commission and instructs the PSC staff to finalize a start date for the application process as soon as reasonably possible.

In the commission's ruling it stated: «To receive a rebate payment following approval of a customer's application and installation of a customer - owned or leased solar photovoltaic (PV) system, the customer must submit to Duke a certificate of completion indicating that the installation is complete and confirming that billing under an eligible rate schedule and net metering rider has commenced.»

Blog posts cover topics such as procedures for filing and prosecuting patent applications under the new AIA rules, post-grant proceedings before the PTAB including post-grant review of covered business method patents and inter partes review, and supplemental examination procedures now available to patent owners.

All these changes will keep intellectual property lawyers and their clients busy in 2015 dealing with rights granted or pending under the prior rules, and new applications and granted rights under the new regimes.

applying the rule to lawyers is «arbitrary, capricious and contrary to law,» and that the FTC has failed to «articulate, among other things: a rational connection between the practice of law and identity theft; an explanation of how the manner in which lawyers bill their clients can be considered an extension of credit under the [Fair and Accurate Credit Transaction Act]; or any legally supportable basis for application of the Red Flag Rule to lawyers engaged in the practice of law.&rarule to lawyers is «arbitrary, capricious and contrary to law,» and that the FTC has failed to «articulate, among other things: a rational connection between the practice of law and identity theft; an explanation of how the manner in which lawyers bill their clients can be considered an extension of credit under the [Fair and Accurate Credit Transaction Act]; or any legally supportable basis for application of the Red Flag Rule to lawyers engaged in the practice of law.&raRule to lawyers engaged in the practice of law.»

Previous rulings required the U.S. Department of Homeland Security to accept applications for renewal of benefits under the program known as Deferred Action for Childhood Arrivals (DACA) while litigation is pending.

• Applicants who are required to establish rehabilitation under Rule 3 - 13 «so as to ascertain whether they displayed any malice or ill feeling towards those who were compelled to bring about the proceeding leading to the need to establish rehabilitation;» • Applicants with a history of substance abuse / dependence «so as to ascertain whether they discussed or posted photographs of any recent substance abuse;» • Applicants with «significant candor concerns» including not telling the truth on employment applications or resumes; • Applicants with a history of unlicensed practice of law (UPL) allegations; • Applicants who have worked as a certified legal intern, reported self - employment in a legal field, or reported employment as an attorney pending admission «to ensure that these applicants are not holding themselves out as attorneys;» • Applicants who have positively responded to Item 27 of the bar application disclosing «involvement in an organization advocating the overthrow of a government in the United States to find out if they are still involved in any related activities.»