Sentences with phrase «as against the respondent»

As against a respondent who is not habitually resident and is not either a national of a Member State or, in the case of the United Kingdom and Ireland, does not have his «domicile» within the territory of one of the latter Member States, any national of a Member State who is habitually resident within the territory of another Member State may, like the nationals of that State, avail himself of the rules of jurisdiction applicable in that State.

She abandoned potential claims in trust as against the respondent's corporate assets, but had agreed to this two years before when the issue was first discussed.

A Motion Judge grants summary judgment dismissing the Appellant's action as against the Respondents (County of Simcoe Paramedic Services, Paramedic J. Doe, nine doctors, and Barrie Medical Clinics Inc.).

Not exact matches

A sizeable minority of respondents (39 — 40 %) see bitcoin as a potential analog to physical gold, both as a safe haven and a hedge against mistakes in central bank monetary policy.

Despite that fact, most of the poll respondents are against layoffs, especially for teachers, as well as reducing pensions for workers.

«All other averments relating to fraudulent activities against the applicant remain largely in the realm of imagination of the respondent and unproved as there is no such document before the court.

When the case was called on Monday, counsel to the respondent, Adedipe informed the court of a notice of Appeal he had filed against the court's ruling as well as a motion for stay of further proceedings.

The PPP took the case to court seeking «an order directed against the 1st respondent in her capacity as returning officer for presidential elections to grant the applicant the opportunity to amend and alter the one anomaly found in his nomination papers as well as accept his nomination papers as amended or altered to enable him contest as a presidential candidate for the 7th December 2016 elections.»

The Court was therefore able to accept that the barrier raised against others by a veil concealing the face was perceived by the respondent State as breaching the right of others to live in a space of socialisation which made living together easier.

In the Matter of the Application of Dennis J. Malone, Petitioner (s), # 1799/2013 - against - The Rockland County Board of Elections and Louis C. Babcock and Kristen Zebrowski Stavisky, as Commissioners and Wayne T. Ballard and «John Doe» Respondent (s), there was extensive testimony about the roles played by Highway Department employees in collecting absentee ballots for the Highway Superintendent race.

Respondents in this year's survey pointed to five main causes of the field's less than favorable reputation: drug and product recalls such as the withdrawal of Avandia; safety issues such as the discovery of problems with raw material from China used in medical products; scandals, including evidence that pharmaceutical companies have failed to release data from trials whose results cast doubts on their drugs» safety and efficacy; lawsuits brought against companies that failed to warn patients of problems with their products; and ethical issues such as kickbacks for physicians promoting specific medications.

Frequent hand - washing, as often as 10 times a day, is one of the most recommended defenses against the flu, but 39 % of respondents seldom or never wash after coughing or sneezing.

For example, when vouchers were offered as a reform strategy directly against «doing what it takes to put a fully qualified teacher in every classroom,» 84 percent of respondents voted for teacher quality in contrast with 17 percent who voted for vouchers.

«We ask respondents for the ISBN of the book they have purchased and as they take the survey, this is matched against industry bibliographic databases (which do include some self - published ebooks) through an API look - up.

So in a 2015 poll, they broke out the question a little to It then asks respondents which areas they would like science and innovation to prioritize over the next 15 years, with areas such as job creation, health and medical care, energy supply, education and skills, and the fight against climate change among the issues they are asked to consider.

Consequently, only 127 people that could be described as sceptics of climate science responded to the survey against the 1018 respondents that Lewandowsky categorises as «pro-science».

Despite the recent accusations of fraud levied against climate scientists, respondents continue to place a high level of trust in scientists as sources of climate change information.

Syncrude and Mr. Hammond brought an action against the Respondent for damages, and Syncrude applied to the court for a preliminary determination as to whether Syncrude was subrogated to Mr. Hammond's right of recovery in respect of income benefits paid by Syncrude to him, notwithstanding the provisions of s. 626.1.

Norwich Pharmacal and Bankers Trust disclosure applications (including against unusual respondents such as email service providers and solicitors)

The argument that the respondent discriminated against her on the basis of disability, however, is advanced in the alternative with some reluctance on the applicant's part, because, notwithstanding that she has been diagnosed with Gender Identity Disorder (by psychiatrist Dr. Chris McIntosh who testified at the hearing of this matter), the applicant does not regard her gender identity as a «disability».

In 2001, the respondent's majority shareholder learned of the bylaw, and when Lorraine refused to amend it the developer brought an action in nullity against the bylaw in 2007, seeking damages and the removal of the infrastructures, as well as an action against the Municipality of Thérèse de Blainville, which implemented a plan that also changed the zoning for the respondent's land.

Here, while both appellant and respondents are innoncent of any wrongdoing as against any persons, it was the carelessness of the respondents which resulted in the wrongdoing being able to inflict the loss.

The decision upheld the use of race as one of many factors, but ruled against setting aside positions that could only be filled by members of racial group («forecloses consideration to persons like respondent»).

(For example, the BC College of Teachers involves a one - way costs system — costs can be awarded only against a respondent — but perhaps as a result, a practice has evolved such that historically, panels have not awarded costs against respondent teachers except to sanction conduct during a proceeding that is deserving of rebuke.)

Successfully acting for liquidators in obtaining summary judgment in very substantial misfeasance proceedings, as well as orders on a committal application, against multiple respondents arising out of the collapse of a large retail company

Commercial Arbitration and Investor - State Arbitration under the rules of one of the major international arbitration institutions, such as the ICC, LCIA or ICSID and subject to a wide range of laws can be financed in a variety of venues, against respondents whose assets appear to be available to satisfy any award.

-- Instructed by Clifford Chance (as junior to Joe Smouha QC) to act for the respondent to an application under section 68 of the Arbitration Act 1996 challenging an LCIA award concerning a # 480 million claim for breach of contract — Instructed by Slaughter and May (as junior to David Streatfeild James QC) in an ICC arbitration involving a claim against a German conglomerate in the industrial sector.

In their submissions for special costs, the Respondents summarized the allegations and personal «attacks» made against them as follows:

[98] Some respondents championed LSPs as important for meeting the access to justice gap, but argued against their regulation by state courts on the grounds either it is unnecessary (they are already regulated by consumer protection laws), that it would unnecessarily increase costs, or that regulation would only enable the state bars and courts to exercise their «protectionist instincts.»

It seeks the annulment of an arbitral award which a Dutch insurance group as a respondent has obtained against it.

The Applicant commenced an action and sought certification as a class action against the Respondent.

As part of the Respondent's claim for division of property, she asserts an entitlement to constructive trust against proceeds from the sale of the Applicant's corporate shares.

Individuals who believe they have experienced adverse treatment in one of the five social areas, as a result of a Code listed ground, can file an application with the Human Rights Tribunal of Ontario if the potential Respondent (the individual against who the application will be filed) is under provincial jurisdiction.

She subsequently obtained a consent order adding the individual appellants, all directors of Local 773, as defendants, and amended the statement of claim to plead that that the individual respondents were jointly and severally liable for her claim as against Local 773.

The Tribunal ultimately concluded that the respondent had violated the Ontario Human rights Code as she had discriminated against the applicant on the basis of her disability in relation to the notes posted on the door and that her negative comments and complaints about the service dog created a «poisoned environment» for the applicant.

Due to the regulatory scheme and the Visitors of the Inns of Court's jurisdiction, as applicable to the disciplinary proceedings against the Appellant, the Supreme Court concluded that the Respondent's part in the proceedings before the Disciplinary Tribunal and those before the Visitors should be regarded as part of a single continuing act.

«It would be surprising if a claimant in civil proceedings, who had to allege criminal conduct as a necessary part of his claim in rem, was not required to give the respondent and the court at least some particulars of what that conduct was said to be... It seems to me to be essential that if there is to be a fair trial that the respondent should know the case against him in sufficient detail to enable him to prepare properly to meet it.»

As a result of this, practitioners have anticipated a greater need for more specific drafting of non — molestation orders (see «Domestic Violence and Family Law: A New Era», Bansi Soni, Family Law Week, 13 July 2007), as opposed to the previously general form of: «the Respondent must not use or threaten to use violence against the applicant, or intimidate, pester, molest or harass the applicant.&raquAs a result of this, practitioners have anticipated a greater need for more specific drafting of non — molestation orders (see «Domestic Violence and Family Law: A New Era», Bansi Soni, Family Law Week, 13 July 2007), as opposed to the previously general form of: «the Respondent must not use or threaten to use violence against the applicant, or intimidate, pester, molest or harass the applicant.&raquas opposed to the previously general form of: «the Respondent must not use or threaten to use violence against the applicant, or intimidate, pester, molest or harass the applicant.»

On day one, we heard from counsel for TWU twice; once as appellants against the Law Society of Ontario (formerly LSUC) and once as respondents to the Law Society of British Columbia.

However Visteon Ltd was subsequently replaced as the respondent due to weaknesses in Cairns's claim against MSX Ltd..

In so far as issue of forgery raised by the respondent is concerned, learned senior counsel submits that though the learned arbitrator was justified in rendering such finding in view of the pleadings filed by the parties, the claimants would not rely upon such finding of forgery for filing any criminal proceedings against the respondent based on such findings rendered by the learned arbitrator.

The trial judge found that the appellant was motivated by express malice against Dr. Elmasry, and that he viewed the respondent and Dr. Elmasry «for all intents and purposes, as one and the same.»

The applicant commenced an action against the respondent, claiming damages from losses she incurred as a trader.

As the claim of the Estate is against the defendants, the right to raise a limitations defence lies with them, not the respondents.

Learned senior counsel submits that if such finding of forgery rendered by the learned arbitrator which amounts to a serious criminal::: Downloaded on - 13/05/2014 23:52:28::: Kvm 42/107 ARBP259.13 charge is not set aside, such award would be a decree of this Court and would be executed by the claimant by filing criminal proceedings against the respondent based on such perverse finding which are without jurisdiction, such award would be thus in conflict with public policy under Section 34 of the Act and even under the narrower ground of public policy while considering the objection to the enforcement of a foreign award as held by the SC in case of Shri Lal Mahal Ltd..

The respondent's spouse, who had been borrowing large sums of money from the appellant, signed a promissory note agreeing to register a mortgage against the property in the appellant's favour as security for the loans.

One respondent cautioned against using the corporate structure of a PBC for anything other than holding native title, such as commercial enterprise, because although the NTA protects native title rights and interests held by the PBC from liability incurred by the body corporate, the non-native title assets of the PBC, of individual members and of the broader native title group could be at risk if the PBC was wound up for any reason.

The Regional Ethics Review Board located in Gothenburg gave approval for this study (Dnr: 527 — 08) and the WHO ethical and safety recommendations for research on domestic violence against women as applicable to a postal survey were followed.28 For example, a letter was sent to prospective respondents in advance to inform them about the upcoming survey; this provided them with the opportunity to decline the survey before receiving it.

In the litigation of fault divorce, the term used in the counterclaim to accuse the plaintiff (complainant) of adultery, if initially stated as a ground for divorce against the defendant (respondent).

In PES processing, the survey information from the PES dwelling is matched against corresponding Census forms for either the same Census dwelling, or for a dwelling nominated by the PES respondent as a likely address the would have been enumerated at, to determine whether each resident of the PES dwelling was counted in the Census.