Sentences with phrase «at issue between the parties»

The cases only resolve what is at issue between the parties and do not always explain the legal principles as clearly as we would like.

Not exact matches

So, in the current labour dispute between Canada Post and CUPW, it is Canada Post that has issued a lockout notice, that will likely come into effect on Monday at 12:01 a.m.. Both Canada Post and Labour Minister MaryAnn Mihychuck are hoping that CUPW agrees to binding arbitration (in which an outside arbitrator would review the dispute and arrive at decision that both parties would be bound to accept) before the proposed lockout deadline.

«Although there may still be areas of disagreement between the parties on issues of implementation, the importance of those areas of potential concern is uncertain, as is the necessity of this Court's involvement at this point to resolve them.»

This morning I looked at an old issue of Today's Parent magazine that was on my coffee table (I kept it because it gave great ideas about how to organize children's birthday parties), and read about competition between mothers.

My fear stems from the fact that a renowned economists and a vice Presidential candidate of a party whose philosophy stands on ideals of conservatism, will confidently move around with a message of establishing one factory in each district at this point of our national reconstruction.How do you implement such a policy after scrapping 70 % of taxes across, build 350 secondary schools, free secondary school etc.You sum up all these deceitful platitudes and you begin to shiver.We are made to believe that the issue of unemployment would be buried under their government forgetting that, we were made to lineup in hot sun to register for employment only to be told in 2005 by Ghana Statistical service that unemployment figure for that year was the highest do far and remains the highest today.The lowest unemployment figures recorded between 2001 - 2016 was recorded in 2013 under Mahama.So who possess the practical record to support his call.

Speaking at a press conference in Whitehall, Nick Clegg referred to Tory plans to make a further # 25bn of cuts to the welfare budget as a «monumental mistake» and went on to outline ideological differences between the two coalition parties on issues like fairer taxation.

The three candidates vying for two seats on the East Hampton Town Board debated a number of issues Monday evening at the East Hampton Library, with a political newcomer who has the party's backing repeatedly if gently attempting to draw a distinction between himself and the candidate who does not.

In a statement issued afterwards, Mr Griffiths said Mr Blair had assured MPs on Wednesday that «nothing should break the historic link between the Labour party and the trade unions» and said the party's position remained «at all levels» in opposition to a cap.

Although the two candidates agreed on most issues, pitting themselves against the Republican incumbent, the biggest difference in philosophy between the two centered on the results of the party's nominating convention at the County Center.

Following the clashes between supporters of the governing National Democratic Congress (NDC), and the opposition New Patriotic Party (NPP), on Sunday morning at Koforidua Effiduase, both parties have issued separate statements, condemning the act.

There was also the somewhat unfortunate tale - reported widely - about an alleged attempt by the Tories to engender a «gentlemen's agreement» between the parties at Cardiff Bay not to raise the issue of each others» expense claims.

Following months of negotiations between the TIFIA JPO and the Borrower, the parties executed two new TIFIA loans on November 6, 2013 which refinanced all of the exiting LA - 1 debt as follows: (i) issue a $ 78 million TIFIA loan at the rural rate of one - half the 30 - year US Treasury rate to refinance the existing 2005 TIFIA Loan; (ii) issue an additional $ 44 million TIFIA loan at the full 30 - year US Treasury rate to refinance a portion of the senior debt.

In between messages about the closing party they're hosting at SXSW, comiXology has taken to Twitter to keep people aware that they're working on the issue and, it appears, try to lighten the mood somewhat:

By default this will return to a certain standing depending on how a party feels about you, but more can be gained by issuing edicts that parties approve of, building certain things and by going through the events that pop up where you're given the chance to pick between a few options that typically increase your goodwill with one part at the cost of another.

Both these issues remain unclear, and have been the source for considerable disagreement between various parties at UN talks.

Led by the firm's head of real estate Andrew Bembridge, the deal was made even more challenging by the fact it was a share sale transaction and there were no warranties on the underlying environmental state of the properties, requiring extensive due diligence procedures from all parties (including ensuring that representations made at interviews between the buyer and seller on environmental issues were not binding).

[126] Therefore, the rule is not limited to negotiations aimed at resolving the legal issues between the parties but applies to any negotiations aimed at avoiding or reducing the scope of litigation, irrespective of whether they directly address or seek to resolve the relevant legal issues.

If the exclusion clause applies, the second issue is whether the exclusion clause was unconscionable at the time the contract was made, «as might arise from situations of unequal bargaining power between the parties» (Hunter, at p. 462).

The outstanding issue at that point was the question as to whether all of the various rights and principles contained in the Charter are capable of deployment between private parties.

At that time, disputes involving numerous contested facts, and particularly cases where credibility issues existed between the parties, would rarely be dealt with by means of summary judgment.

Second, the moving parties argued that Justice Newbould erred in finding that an agreement which addressed transfer pricing tax issues between certain Nortel debtors while they were engage in ongoing operations (the «Master R&D Agreement» or «MRDA»), and which had formed the basis of the appellants» theory of allocation at trial, was never intended to and did not govern the allocation of the Lockbox Funds.

In the case at issue the request for a preliminary ruling was submitted by the Oberlandesgericht Frankfurt am Main (Higher Regional Court, Frankfurt am Main) in 2016 in the context of a dispute between Coty Germany GmbH, a supplier of luxury cosmetics established in Germany, and Parfümerie Akzente GmbH, an authorised distributor of those goods, concerning the prohibition, under a selective distribution contract between Coty Germany and its authorised distributors, of the use by the latter, in a discernible manner, of third - party undertakings for internet sales of the contract goods.

Furthermore, when expert evidence at trial is necessary, the issues and any areas of disagreement between experts for the parties are usually clear, reducing the time the expert has to spend at court.

If these tools do not result in a resolution, the Tribunal will provide online negotiation and case management services to resolve, or at least to narrow, the issues and to facilitate communication and information sharing between the parties.

Many times, the judge will make an order about an issue at a settlement conference based on consent agreements between the two parties.

He found that these facts did not warrant undermining the reliability of s. 169 (3) of the Income Tax Act (Canada), which allows the CRA to issue reassessments to dispose of an appeal with the written consent of a taxpayer and is consistently, frequently and reliably used by parties to arrive at terms of settlement between themselves and to conclude appeals with finality.

The husband in question opposed the motion, arguing that he would no longer receive medical benefits from the wife's insurer once they were divorced and wanting all outstanding issues between the parties to be addressed at the same time.

In a decision that addresses several international litigation issues, the trial court dismissed at least one major action between the parties.

If proceedings are ongoing in an English court between the parties at the time when one of the parties seeks recognition or enforcement of a foreign judgment on the same issue (s), the English court is likely to stay the English proceedings until the judgment creditor's claim for recognition and enforcement has been determined.

As this was at the interim stage, the court did not have to decide the issues between the parties, only holding that it was arguable that the company had a good case and that the balance of convenience was in its favour.

[139] As indicated by the Divisional Court in Godfrey v. Ontario Police Commission, at paragraph 41, «[i] n the traditional labour relations context, matters or issues of employee discipline are essentially a private matter between the parties».

A second consent order, made on January 7, 2014, provided that the Respondents would be at liberty to argue in the action that when the court is determining the issue of equalization between the parties, the Appellant should be required to pay interest on the Roberts Creek mortgage.

The overriding objective favoured a speedy trial of issues and a court should not discipline lawyers at the expense of justice being achieved between the parties.

Private arbitration of disputes between contractual parties may be very appealing if trade secrets are at issue, to avoid unnecessary disclosure of the confidential information in the course of litigation in the courts.

Creighton says it's the relationship between those people and their potential clients and what they can send or not send — particularly third - party referrals — that were at issue for the company.

For every Minute (or administrative instruction) or policy statement that is issued in one department, there is a set of communications that must then occur between departments at national office, state / territory office and, ICC levels, in order to ensure that there is «joined up government», with all parties made aware.

The Traditional Divorce Settlement model looks different in different cases but tends to be more pared down than Collaborative Divorce, usually because the parties have a very uncomplicated financial estate, they do not have children together, there are no potentially problematic emotional / relational issues at play between the parties, or some combination of all three.

Through mediation, the parties work together in a confidential, informal setting to discuss and resolve the issues between them at a fraction of the cost, with the assistance of a trained attorney - mediator.

Some issues can arise during the sale of property that may cause an inequitable situation between the two divorcing parties, says Peggy Spiro, broker - owner at Spiro Realty Group in Erie, Colo..

Joseph P. Day Realty Corp. v. Chera (308 A.D. 2d 148)- broker's complaint for commissions reinstated where questions of fact exist as to whether broker was the procuring cause of a commercial tenant and if there was an implied contract which arose from landlord's acceptance of the benefits of broker's services; broker must plead and prove a contract of employment, express or implied, and in the absence of an express contract, an implied contract may be established in some cases by the mere acceptance of the labors of the broker; broker failed to establish that it was a third party beneficiary of lease agreement between landlord and tenant where provisions in lease merely provided for indemnification between the parties and did not expressly set forth that one party would be obligated to pay the broker's commission; indemnification provisions in the lease agreement do provide evidence of implied contract of employment with landlord where landlord agreed to indemnify tenant against brokerage commission claims from all brokers including plaintiff and where, to the contrary, tenant's reciprocal indemnification excluded plaintiff; triable issues of fact exist as to whether broker was the procuring cause where broker introduced the parties, showed the space to tenant's representatives, was involved in weekly negotiations with the parties over the lease terms, conveyed offers on behalf of tenant to landlord and participated in the meeting with the landlord and tenant at which the lease terms were finalized