Sentences with phrase «bench ruling»
"Bench ruling" refers to a legal decision made by a judge from the bench, without a jury present. The judge listens to arguments and evidence from both sides and makes a ruling based on their interpretation of the law. It is a quicker and more efficient way to reach a decision, as it does not involve a jury deliberation. Full definition
The five - judge bench ruled that the clerk of parliament should have rejected all nine nomination forms for the post.
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In its January 2011 decision in Gulka Enterprises Ltd. v Bayer CropScience Inc. («Bayer»), the Saskatchewan Court of Queen's Bench ruled in favour of the producer, Gulka Enterprises Ltd. («Gulka»), awarding compensation for damage resulting from chemical harm caused to Gulka's flax crop by Bayer's herbicide, Buctril ® M («Buctril M»), when tank - mixed with Fusion ® at recommended rates to control weeds.
Similar statements can be found in s. 1.2 of the Family Law Rules of Alberta, r. 1.04 of the Court of Queen's Bench Rules of Manitoba, r. 1.02.1 of New Brunswick's Judicature Act, r. 1.03 of the Family Court Rules of Nova Scotia, r. 56A.02 in Newfoundland and Labrador, and rr.
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To that end, Rawlco launched an action and requested under Rule 387A of The Queen's Bench Rules for an interlocutory order restraining the respondent Rob Lozinski from:
Animating the comprehensive amendments to the Court of Queen's Bench Rules coming into force on January 1, 2018 are the overriding objectives of timely and affordable access to justice and the principle of proportionality.
In a previous article, Losing Momentive: A Roadmap to Higher Cramdown Interest Rates, we explored how the judicial cramdown interest rate cap was not gaining widespread traction as feared by many in response to the 2014 Momentive bench ruling upheld in a 2015 decision by the District Court for the...
«It's rare but it happens,» says McInnes Cooper's Marc - Antoine Chiasson of last week's Court of Queen's Bench ruling in McCorkill v. Streed, Executor of the Estate of Harry Robert McCorkill.
Last year in an unreported decision, Sagrafena v. Sagrafena, 4806 016173, December 8, 2015, Justice Langston found that a divorcing couple had contracted out of the Queen's Bench rules of court when they decided to negotiate in the collaborative divorce process.
More recently, in In re NYSE Euronext Shareholders Litigation, then - Chancellor Strine of the Delaware Court of Chancery, in a bench ruling following oral argument, declined to issue a preliminary injunction on a stockholder vote to approve the proposed merger between NYSE Euronext («NYSE Euronext») and IntercontinentalExchange, Inc. («ICE»).
In his bench ruling, Justice Abang asked the DSS boss to produce Dasuki in court, while the subpoena on the former President was stepped down due to non service.
In a bench ruling, yesterday, Justice Okon Abang agreed with the EFCC lawyer, Mr. Sylvanus Tahir, that all the documents were duly front - loaded by the prosecution in the proof of evidence before the court.
Ledcor claimed the damages against its insurance policy, but was declined on the basis of a clause excluding coverage for «the cost of making good faulty workmanship, construction materials or design...» Alberta's Court of Queen's Bench ruled that reasonable expectations of the parties weighed in favour of the applicants» interpretation of the insurance contract, but was overruled on appeal.
In a recent Manitoba decision, Hart v Parrish & Heimbecker, Limited («Hart»), the Manitoba Court of Queen's Bench ruled that an employee using his company cell phone to secretly record meetings with senior management was a breach of his confidentiality and privacy obligations to the employer.
Amendments to the Court of Queen's Bench Rules, effective January 1, 2018, will introduce an overarching requirement that the Court considers proportionality in making orders and directions under those Rules.
However, Justice Brian Burrows of the Alberta Court of Queen's Bench ruled that the exclusion of accused and criminally convicted persons was reasonable and acceptable because «a person who has been convicted of a crime, or is currently charged with a crime, is prima facie likely not to be impartial as between the Crown and the accused in a criminal proceeding.»
Prior decisions such as Entrop, and the Court of Queen's Bench ruling in Kellogg, Brown & Root held that there was a prima facie case of discrimination because the employer discriminated against all drug users on the ground of a» perceived disability».
For example, in the Canadian jurisdiction of Manitoba, Rule 23 of the Court of Queen's Bench Rules, 2009, is entitled Discontinuance and Withdrawal, and includes this:
She is a law professor and director of the Centre for Human Rights Research at the University of Manitoba as well as author of Manitoba Queen's Bench Rules.
On May 24th, the Alberta Court of the Queen's Bench ruled that, in certain circumstances, meaningful disclosure requires the production of native electronic files.
«During its 2007 bench ruling, the circuit court reminded Sharp that, «I changed custody [to Keeler in 2006] because I found that you were alienating parental affections from father to son and vice versa.