Sentences with phrase «claim under rule»

[1] Her Majesty the Queen in right of Alberta, the Minister of Justice and Solicitor General of Alberta and the Deputy Minister of Justice of Alberta (hereinafter referred to as the Alberta Crown) seek an order to strike the Second Amended Statement of Claim under Rule 221 (1) of the Federal Courts Rules

The new procedure seems to contemplate and resemble what is known in the federal courts as motions to dismiss for failure to state a claim under Rule 12 (b)(6).

The Defendants move to dismiss the claim under Rule 21.01 (3)(d) of the Rules of Civil Procedure on the grounds that it an abuse of process, or under Rule 21.01 (1)(b) to strike the Statement of Claim as disclosing no reasonable cause of action or constituting a frivolous or vexatious claim, with no leave to amend.

[1] This procedure is similar to a motion to strike a claim under Rule 21 of the Ontario Rules of Civil Procedure on the basis that it fails to disclose a cause of action.

Consider using LawPRO's Rule 48 Transition Toolkit (practicepro.ca / Rule48), which provides advice and tools lawyers and law firms can use to lessen the risk of a claim under Rule 48.

LawPRO underwriters are predicting an increase in the number of claims attributed to time management as courts begin to dismiss claims under Rule 48.

Represented the United States government in a claim under the rules of the Arbitration Institute of the Stockholm Chamber of Commerce against the Soviet Union and its successor, the Russian Federation, for the bugging of the new United States Embassy in Moscow and other breaches of agreements for the Embassy's construction.

The defendants brought a motion to strike the plaintiffs» claims under Rule 21.01 of the Rules of Civil Procedure on the basis that the claims disclosed no reasonable cause of action.

At the Vancouver Courthouse, downtown at Robson Square, financial debt claims under Rule 9.2 go to a Summary Trial.

Not exact matches

In October, California's state appeals court ruled that a housekeeper could bring a claim against her employer under the state's Fair Employment and Housing Act.

The U.S. has angered Beijing, which claims Taiwan under a policy known as «One China,» and opposes other countries pursuing ties with the self - ruled island.

Wheeler claimed that wireless Internet providers operating under similar rules have invested more than $ 300 billion in infrastructure over the last two decades, «proving that modernized Title II regulation can encourage investment and competition.»

Under the ruling, Tyka Nelson and three half - siblings by Prince's father will undergo genetic testing - John, Norrine and Sharon Nelson - along with two more individuals claiming to be Prince's niece and grandniece.

That's because under the rules of the exchange, a patient can go up to three months without paying premiums and still not get their coverage formally dropped by an insurers — but the insurer isn't obligated to pay claims incurred during the second and third month if that person isn't paying their premiums for that time, Jackson said.

In the event that we are not able to resolve a dispute, we each agree that any and all disputes, controversies, or claims arising under, arising out of, or relating in any way to this agreement, or the contractual relationship established by this agreement (whether in contract, tort, or under any statute, regulation, ordinance, or any other source of law) shall be resolved on an individual basis through binding arbitration administered by the American Arbitration Association, in accordance with the American Arbitration Association's rules for arbitration of consumer - related disputes (accessible at https://www.adr.org/aaa/faces/rules)(except that you may assert individual claims in small claims court, if your claims qualify).

It claims such a move would be legal under WTO rules.

To be sure, the SEC and its supporters claim that the proxy rules simply make effective rights shareholders have under state law, [6] but in fact shareholder control rights under the latter are extremely limited.

More specifically, Uber must follow particular EU states» transportation regulations and can no longer claim that its peer - to - peer ride - hailing services fall under less restrictive e-commerce rules in the EU.

Scott repeated a claim that utility rates rose under Crist, a statement ruled False by PolitiFact Florida, and Crist recycled his half truth that Scott signed a law that prevented insurance regulation, implying it applied to property insurance when it related only to health insurance.

Even if regulators do not act, when a presale results in nothing more than profits for its promoter, a disgruntled investor will inevitably make a private securities fraud claim to try and claw back some of their capital; assuming a court will determine a presale of digital tokens to be a private placement of securities, any such federal claim would fall under Rule 10b - 5.

He successfully argued that foreign and domestic investors had asserted viable «holder claims» seeking to recover investment losses due to their retention of already - owned shares in reliance upon the fraud, which is believed to be the first ruling by a U.S. court sustaining such a theory under English common law.

Separately, the SEC issued an order settling claims with Harbinger related to violations of Rule 105 under Regulation M.

They claim that their movie is the first feature length narrative film to give the public an opportunity under the new rules to invest in it.

Mandatory Palestine was a geographic area with defined borders and under British Rule up until 1948 when the Jews decided to take UN Resolution 181 as law and claim that the borders defined in 181 defined a new State of Israel.

Under the new rules, for - profit and publicly traded companies can also claim religious exemptions.

Under the proposed FDA rule, gluten - free oats can have a gluten - free claim on them because some oats are contaminated with wheat and are not gluten - free.

We would review the use of any gluten - related claim not addressed in the final rule under sections 403 (a)(1) and 201 (n) of the FD&C Act.

In addition, the petition requested that we issue an interim final rule under section 403 (r)(7)(A) of the FD&C Act, stating that the evidence is compelling and the potential to encourage fruit and vegetable consumption is important for public health and that issuing an interim final rule would allow affected fruit and vegetable products to become eligible to bear these health claims as expeditiously as possible.

Former Spurs boss Harry Redknapp claims that the potential England debutant tore the then Birmingham centre - back apart in an Under 21's match in 2011, scoring four goals, and the Arsenal scout watching events then decided this was enough to rule out a move for Dann.

Amazingly enough though, a report in The Express claims that # 22 million could be enough to sign the PSG and Uruguay star this summer, as the French club are under pressure to offload one of their star men to help them conform with the FFP rules and Ibrahimovich is still clearly their first choice front man.

However, the Lancashire club have quashed any rumours that Ings could be on the way out of Turf Moor, issuing a statement claiming the reported move would actually be illegal under Premier League rules.

At the time plaintiff filed the motion for default judgment in default of defence, the defendants had not been served with any Statement of Claim as required under the Rules of Court in support of the amended Writ of Summons to which they could respond by way of a statement of defence.

Get your 2018 claim in before March 2019 so at least you fall under the current rules for one last year.

However, he also stressed «the important thing» is that new rules brought in under this government mean MPs» claims are now assessed by an independent body, rather than a committee of fellow MPs.

The polls simply don't bear out the claim that Cameron is suffering from having just four Cabinet ministers out of the 19 he is allowed to choose under coalition rules.

The period covered by the latest receipts came at a time when MPs knew that at least some details of their expenses claims were to be published under Freedom of Information rules.

Claims that are «excessive or luxurious» are not permitted under the rules.

«Under the current rules a property that has been a person's private residence in the past, even though they may not be living in the property at the time they sell it, and where they are claiming PPR on another property at the same time, can benefit from the last three years being tax free.

While describing the persistent claim by the Federal Government that the Peoples Democratic Party (PDP) destroyed Nigeria for 16 years as hypocritical, Governor Fayose said Nigerians must begin to ask which party majority of those presently ruling the country under the APC government were between 1999 and 2014.

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.

Adopting a line taken by ministers throughout the week, a spokesman for the parliamentary under - secretary of state for pensions reform said: «All her claims were in line with the relevant House of Commons rules and guidance and have been approved by the Fees Office.»

But the couple denied leaving the house vacant and insisted that married MPs were entitled to separate claims for a shared property, under the second home allowance rules.

The New Patriotic Party is claiming some journalists have been paid whopping sums of money by the John Mahama administration to keep their focus on the internal happenings of the NPP, as opposed to bad governance the people have been subjected to under the seven - year rule of the NDC government.

Bill Etherington told the Sunderland Echo he would refuse to pay back expenses claims if he felt they were «justified under the rules at the time».

The ruling pointed out that WCHCC claimed Marquez was not qualified for her position under Civil Service rules, yet allowed her to work for over two years as an ultrasonography technician.

Switching to less preferential World Trade Organisation rules — the stopgap arrangement Brexit campaigners suggest would be in place while talks on new trade deals get under way — could jeopardise more than a third of that trade, or # 250bn, as tariffs on British exports increased, the campaign claimed.

Plaid Cymru leader Leanne Wood has responded to Labour's leadership election result by claiming that «chaos and infighting» in the party will lead to «a decade of decline under Tory rule in Westminster.»

In the case of the DCGL judgement debt, a tribunal constituted under the rules of the ICC in 2015 dismissed a $ 200 - million claim filed against Ghana by two foreign - owned mining companies.

Mr Corbyn's his team claims legal advice indicates that under Labour Party rules he will automatically be on the ballot paper.

Under the new rules, to be introduced in April, new European arrivals claiming jobseeker's allowance will not be able to receive housing benefit as well.