Sentences with phrase «claims of abuse of process»

claims so egregious that White and O'Connell should be subjected to the Jewish Hospital's lawsuit alleging multiple claims of Abuse of Process, Slander Per Se, False Light, Invasion of Privacy, Interference with Prospective Business Advantage, Wrongful Use of Civil Proceedings, and should be subject to damages including Punitive Damages, Attorney Fees and Court Costs.

It is filing its own suit in Texas «to investigate potential claims of abuse of process, civil conspiracy, and constitutional violations» and is seeking to depose a number of environmental activists who took part in that meeting.

Not exact matches

«The IRS offers no explanation as to how the IRS can legitimately use most of these millions of records on hundreds of thousands of users; instead, it claims that as long as it has submitted a declaration from an IRS agent that the IRS «is conducting an investigation to determine the identity and correct federal income tax liabilities of United States persons who conducted transactions in a virtual currency during 2013 - 2015» the Court must find that the Summons does not involve an abuse of process.

The memo begins by making a grandiose claim: The FBI's use of surveillance power under the Foreign Intelligence Surveillance Act (FISA) during the 2016 campaign was «a troubling breakdown of legal processes established to protect the American people from abuses related to the FISA process.»

Peter Saunders, from National Association for People Abused in Childhood claims victims wants to see a more transparent selection process put in place ahead of any newly proposed statutory inquiry.

Thus, any claim that we must follow the Matthew 18 progressive confrontation process before reporting disclosures of child sexual abuse to the civil authorities is simply wrongheaded: God's minister's — the civil authorities — must be informed first!

Most likely this is a long time bargaining process, where supporters of the reform argue in favor based on theoretical backgrounds and past record of abuses, while police and prosecutors claim removing it made law enforcement difficult.

amending the Convention to include the principles of subsidiarity and the margin of appreciation; amending the Convention to tighten the admissibility criteria - so that trivial cases can be thrown out and the focus of the Court can be serious abuses; reducing the time limit for claims from six months to four improving the selection process for judges; setting out a roadmap for further reform.

The Majority Leader had argued that, the motion calling for the special sitting and an ad - hoc committee, was not properly done and thus constitutes a «gross abuse of the processes of the House,» a claim Haruna Iddrisu vehemently rejected.

This morning Ukip leader Nigel Farage claimed that «effectively the electoral process is now dead» and said he would file a formal complaint over alleged «abuses» of the postal vote system.

The defence via the preliminary objection is also claiming that the information contained in the charge is incompetent and that charge is an abuse of court process.

The Majority Leader had argued that, the motion calling for the special sitting and an ad - hoc committee, was not properly done and thus constituted a «gross abuse of the processes of the House,» a claim Haruna Iddrisu vehemently rejected.

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DA claims abuse of process.

Mann â $ «who had twice successfully defeated anti-SLAPP motions filed by the defendants â $ «then filed his own anti-SLAPP motion against Steyn's counterclaim, alleging that it failed to state a claim for abuse of process or malicious prosecution.

In the Court of Appeal the judges had struck out a wife's claim for «abuse of the court's process» (FPR 2010 r 4.4 (1)(a) and (b)-RRB-.

Divorce cases can involve infidelity, emotional or physical abuse or claims that a spouse is not a fit parent or is trying to obtain control of a business through the divorce process.

Each Louisville nursing home abuse claim is unique and will vary, so it's important to speak with a Kentucky nursing home abuse attorney as early on in the process of filing your claim as possible.

• Boyne USA, Inc. v. Spanish Peaks Development, LLC & Lone Mountain Holdings, LLC, Montana Fifth Judicial District Court (2010): $ 600,000 jury verdict and additional award of punitive damages for breach of contract, deceit, abuse of process and other claims.

Reporter Samson Habte explains that the court's April 23 opinion highlights the difficulty of proving two types of tort claim — malicious prosecution and abuse of process — that disgruntled litigants could try to use to turn the tables on opposing parties and their lawyers.

(following FNB v Ann above, strike out / limitation period for extortionate credit bargain claim / issue estoppel / abuse of process)

In 2012, in Summers v Fairclough Homes, [2012] UKSC 26, [2012] 4 All ER 317 the Supreme Court determined that to make a false claim and to adduce false evidence is an «abuse of process».

Since then, a package of reforms has increased a defendant's prospects of reducing a claimant's entitlement to damages if the claimant or the claim has been «fundamentally dishonest» or the claim is an «abuse of process».

What is the impact of IRC § 162 (q) on the settlement process for sexual harassment or sexual abuse claims?

The two former partners, who have both since left the profession, have also claimed misfeasance in public office, abuse of process and libel.

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 aclaim 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 aClaim as disclosing no reasonable cause of action or constituting a frivolous or vexatious claim, with no leave to aclaim, with no leave to amend.

That said, the fact a victim may be able to have her or his claim of sexual abuse against a deceased wrongdoer validated by a court, even when a lawsuit is started more than two years after the abuser's death, may be an important step in the victim's healing process.

The Court of appeal also found that the claim was an abuse of process.

He has turned an arbitration over his termination during the probationary period of his employment in 1999 into a legal battle that apparently continues today, including allegations of bias against members of the BC Labour Relations Board (which were noted as being without merit), a Statement of Claim against the BC Attorney General (and others) which was dismissed as an abuse of process, and the attempted swearing of two informations against a vice chair of the BC LRB (which the court found there was no evidence to support).

He did, however, find that, given the time lapse, the potential creditors» claims were prima facie liable to be dismissed for want of prosecution or abuse of process.

In another decision involving a claim against criminal counsel, Stevenson J. held that the plaintiff's malpractice action against his former criminal defence counsel was an abuse of process.

Co., 2015 MT 155N — Successfully upheld summary judgment in favor of title insurer on abuse of process claim.

As Article 5 imposes a procedural and interim stay pending a decision by the JT and not a stay due to a failure to properly prosecute a claim by a party or due to an abuse of process, one could question whether Article 5 triggers RDC 25.66 (2).

When considering the substantive merits of the case, the judge began by dismissing Google's argument that the claim amounted to an abuse of process through being an attempt to circumvent the restrictions on defamation cases.

Persistently relitigating a claim that has been finally determined adversely in previous litigation is a strong indicator of abuse of the court's process.»

Further, it is clear that PHA 1997 proceedings will not be liable to be struck out as an abuse of process offending the principle that generally a claimant must present all their case in one go and will be prevented from presenting claims later on that could have been presented in the earlier proceedings (Henderson v Henderson (1843) 3 Hare 100, [1843 - 60] All ER Rep 378).

Concluding that Experian had breached the agreement with BDC, Hainey therefore allowed BDC's claim for damages arising from Experian's fraudulent misrepresentations and assessed damages in the amount of $ 44,447,416 plus pre-judgment and post-judgment interest, signaling that Ontario courts have no sympathy for fraudulent vendors that seek to abuse fair procurement processes.

Cleeves v University of Oxford [2017] EWHC 702 (QB); QBD, April 5 2017; [2017] ELR 303 A former student's claim for damages against a university was struck out as an abuse of process

In short, if a claim comes to the court's attention that «appears on its face to be frivolous, vexatious or otherwise an abuse of process», a notice can be sent to the litigant requiring him or her to provide a written response explaining why the claim should be allowed to proceed.

WestJet attempted to have the claim dismissed, arguing that the claim should have been brought before the Canadian Human Rights Tribunal, that the remedy of «disgorgement» (paying over money that was earned or saved by breaching the contract) is not available, and that the entire claim is an abuse of process.

However, the High Court has held on more than one occasion that seeking to bring claims or advance defences that were rejected in an earlier arbitration can amount to abuse of process (Michael Wilson & Partners Ltd v Sinclair [2012] EWHC 2560 (Comm); OMV Petrom SA v Glencore International AG [2014] EWHC 242 (Comm)-RRB-.

Sexual abuse lawyer, Elizabeth Grace, provides her thoughts on improving the processing of sexual assault claims in an opinion piece written for Canadian Lawyer magazine.

where a litigant makes essentially the same foundational claim in subsequent actions, it can also be seen as a collateral attack on previous court findings and constitute an abuse of process, making the claim frivolous and vexatious in nature.

[1] The plaintiff, Mahmoud Elfarnawani, has commenced an action against the defendants, the International Olympic Committee (IOC) and its internal Ethics Commission (EC), claiming damages for the torts of defamation, breach of a duty of good faith, and abuse of process.

In retrospect, the courts should, perhaps, have been more prepared to strike out many of the pre-rehearsed requests as oppressive and, in some cases, as constituting quite simply an abuse of process... [M] any of the requests in this and similar cases are either irrelevant or not permissible in law as particulars are nonetheless steadfastly advanced shows that many pleaders have simply gone astray in their enthusiasm to interrogate every possible detail of their opponent's claim.

The claim for abuse of process was not made out on the facts of the case.

The Court also dismissed an application by the Appellants to strike the claim as an abuse of process, on the ground that the negligence claim should have been brought in the original trespass proceeding.

The event's giving rise to Horgan's $ 6 million claim for negligence, malicious prosecution and abuse of process occurred in 1986 and 1987 when the Law Society investigated Horgan, issued a complaint in 1987, and withdrew the complaint in 1989.

The only remedy to redress the wrong of the abuse of process is to stay the claim asserted by the defaulting, non-disclosing party.

The motion judge concluded that, because of the passage of time, the action would be tantamount to an abuse of process and that, in any event, the claims were statute - barred.