Sentences with phrase «as res judicata»

I identify this approach as «fundamentalist» because the Task Force treats its selection of these particular «competencies» and «understandings» as res judicata, requiring no further explanation than the fact that eminent and experienced lawyers have signed their names to the report.

Accordingly, a restitution order does not operate as res judicata to the institution of civil proceedings for incurred damages.

Taking a broader view of the matter, we queried whether the matter might be more appropriately argued as res judicata, and found an old SCC case to support that position in nearly identical circumstances.

This fourth action was dismissed by Wood, J. as res judicata and an abuse of process.

Not exact matches

In particular, as part of a more qualitative approach, one needs to have a look whether the current perceived «turbulences» have also by now reached the more fundamental layers of international law, i.e. meta - rules such as the ones on sources, State responsibility, State immunity, treaty interpretation, or res judicata effect of international court decisions must be abided by the parties involved, to name but a few, the general acceptance of which is indispensable for a functioning international legal system.

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[5] Whether this scope will extend to the «recognition» of settlement agreements, however, has not been finalized as this recognition could confer a res judicata effect on agreements in certain jurisdictions, precluding further negotiation.

It followed that if a general challenge had succeeded the matter was not res judicata as between the individual and the agent and that had to be as true for future contracts as current contracts.

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Masters is now president of the Thiel Foundation and principal at Thiel Capital The other co-founder, Adam Hahn, is a software engineer who serves as Judicata's CTO.

[79] In response to perceived difficulties in demanding strict adherence to the constituent elements of res judicata, modern Canadian courts have developed the independent but related concept of abuse of process as a means of barring relitigation where permitting it to proceed would offend vital principles such as judicial economy, consistency, finality of legal disputes, and, perhaps most importantly, the integrity of the judicial decision - making process.

For example, a judgment in rem against an asset outside of England and Wales can not be enforced for the reason that the assets fall outside of the jurisdiction of the English court; however, a party may seek recognition of that judgment for several reasons, such as defending claims within England or relying on the findings of the foreign judgment in other proceedings (res judicata).

The words «without prejudice» in their general adaptation, when used in a decree, mean that there is no decision of the controversy on its merits, and leaves the whole subject in litigation as much open to another suit as if no suit had ever been brought... When the words «without prejudice» appear in an order or decree, it shows that the judicial act done is not intended to be res judicata of the merits of the controversy.

It would then make the substitution for ICBC impossible as the matter would be res judicata.

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Enmax Energy Corp. v. TransAlta Generation Partnership 2015 ABCA 383 Arbitration — Estoppel Summary: The appellant appealed a chambers judge's decision where he held that the parties to an arbitration were not bound by a prior arbitration award involving the same parties, that a party (in this case, the respondent) was not estopped from taking certain positions in the current arbitration as a result of the prior arbitration decision, and that the doctrines of res judicata and issue estoppel did not apply to arbitration awards.

Since this process did not quality as litigation between the parties, the doctrine of res judicata did not bar the Buyers» lawsuit.

185 DOS 05 DOS v. Britt - disclosure of conditions affecting the value or desirability of listed premises; DOS fails its burden of proof; res judicata; judgment rendered in civil court between buyer and seller is not controlling in administrative proceeding against licensee where DOS and licensee were not parties in the civil suit and professional conduct of the licensee was not litigated; duty of disclosure to a buyer by a seller's agent is derivative; seller's agent must make the same disclosure to a buyer that the law requires a seller to make; disclosure by seller's agent to buyer's agent of the condition of the property as known by seller's agent was timely, proper and essentially a disclosure to buyer of that information; DOS has failed to prove by substantial evidence its allegation that basement flooding was a common occurrence or that broker was fully aware that homes in the neighborhood where the property is located encountered frequent flooding; complaint dismissed

380 DOS 03 Donati v. DOS — prior misconduct; reconsideration; res judicata; applicant's prior license as a real estate broker was suspended by administrative decision (50 DOS 94) requiring respondent to pay restitution as a condition of consideration of any application by the applicant for a license under Article 12 - A; prior administrative decision is binding both upon the applicant and the tribunal; tribunal must consider, however, whether under current circumstances, the continued imposition of the condition is unreasonable; applicant is 62 years of age, has been divested of all property, faces destitution and seeks to work as a salesperson under the direction and supervision of a broker; applicant admits the unlawful acts, expresses remorse and states that under the current circumstances, the prior decision is a «life sentence;» under the current circumstances, the continued imposition of the prior decision is unreasonable; application for real estate salesperson license granted