Sentences with phrase «class proceeding on»

4 (1) The court must certify a proceeding as a class proceeding on an application under section 2 or 3 if all of the following requirements are met:... (c) the claims of the class members raise common issues, whether or not those common issues predominate over issues affecting only individual members;

In Gariepy, Justice Nordheimer declined to certify the action as a class proceeding on the basis that the determination of whether the defendant's products were defective did not significantly advance the overall determination of liability, as there were a myriad of reasons why a class member's plumbing system might fail.

Not exact matches

SAN FRANCISCO (Reuters)- A lawsuit filed by drivers against ride service Uber should not proceed as a class action, the company argued in a court filing on Thursday, citing written statements of support from hundreds of other Uber drivers in a case that could decide whether they are independent contractors or employees.

On June 11, 2013, the Company satisfied its minimum offering requirement of $ 2,000,000 when the Sponsor purchased 321,329.639 Class A units for aggregate gross proceeds of $ 2,900,000 and the Company commenced operations.

We sell our units on a continuous basis at initial offering prices of $ 10.00 per Class A unit, $ 9.576 per Class C unit, and $ 9.186 per Class I unit; however, to the extent that our net asset value on the most recent valuation date increases above or decreases below our net proceeds per unit as stated in the Company's prospectus, our board of managers will adjust the offering prices of all classes of units to ensure that no unit is sold at a price, after deduction of selling commissions, dealer manager fees and organization and offering expenses, that is above or below our net asset value per unit as of such valuation date.

Conversion Rights — All convertible preferred stock will be automatically converted into common stock upon (i) the closing of an underwritten public offering of shares of common stock of the Company at a public offering price per share that provides at least $ 100 million in aggregate gross proceeds or (ii) approval of at least (a) holders of 66 % of the Series A convertible preferred stock, voting as a single class on an as - converted basis; (b) holders of a majority of the Series B convertible preferred stock, voting as a single class on an as - converted basis; (c) holders of a majority of the Series D convertible preferred stock, voting as a single class on an as - converted basis; and (d) the holders of at least a majority of the then outstanding shares of convertible preferred stock (voting together as a single class and not a separate series, and on an as - converted basis).

We estimate that we will receive net proceeds from this offering of $ billion based on an assumed initial public offering price of $ per share of Class A common stock, the midpoint of the estimated price range set forth on the cover page of this prospectus, after deducting estimated underwriting discounts and commissions and estimated offering expenses payable by us.

Because of that fact, after it was announced to the 1978 General Synod that the proposed change had again failed to win a two - thirds majority, several classes proceeded to ordain women on their own.

· A $ 15.00 Zumba Fitness class on Saturday, October 5 hosted by Zumba Fitness Party in Pink with 75 percent of proceeds benefitting the national Susan G. Komen organization.

even when he suffered a serious knee injury, instead of accepting the fact that he would never stick his legs into the spaces that were crucial for someone with straight ahead speed to succeed, the club actually contemplated giving him a chance to play up top where his lack of physicality, size and holding up play talents would been on display for all to see... these are not the actions of a club that really cares about winning at the highest levels, but they are the actions of a club that wasn't interested in spending the necessary resources to purchases a world - class striker, which is usually the most expensive position on the pitch... instead we adopted the horrible phrase «like a new signing» and proceeded to allow this ridiculous experiment to carry on, which ultimately caused some discomfort on the training pitch and inside the locker room as players battled for a position that shouldn't have been theirs for the taking in the first place... don't get me wrong, I believe that Walcott is a talented player, who can help a team reach their goals, if their goals are relatively modest... just look at the teams who supposedly expressed interest in his services and they weren't the kind of clubs who aspire to win at the highest levels... as for the reasons why he hasn't been bitching and moaning about moving on just look at the wage benefits he receives from our club and his obvious desire to enjoy the societal advantages that come with playing in North London for a club with worldwide appeal... so instead of continuing to try to fix a coat with a broken zipper simply move on and buy a new and better coat

Although it will be incredibly difficult to ever match his contributions on the pitch, it's vitally important for a former club legend, like Henry, to publicly address his concerns regarding the direction of this club... regardless of those who still feel that Henry has some sort of agenda due to the backlash he received following earlier comments he made on air regarding Arsenal, he has an intimate understanding of the game, he knows the fans are being hosed and he feels some sense of obligation, both professionally and personally, to tell it like he sees it... much like I've continually expressed over the last couple months, this team isn't evolving under this current ownership / management team... instead we are currently experiencing a «stagnant» phase in our club's storied history... a fact that can't be hidden by simply changing the formation or bringing in one or two individuals... this team needs fundamental change in the way it conducts business both on and off the pitch or it will continue to slowly devolve into a second tier club... regardless of the euphoria surrounding our escape act on Friday evening, as it stands, this club is more likely to be fighting for a Europa League spot for the foreseeable future than a top 4 finish... we can't hope for the failures of others to secure our place in the top 4, we need to be the manufacturers of our own success by doing whatever is necessary to evolve as an organization... if Wenger, Gazidis and Kroenke can't take the necessary steps following the debacle they manufactured last season, their removal is imperative for our future success... unfortunately, I strongly believe that either they don't know how to proceed in the present economic climate or they are unwilling to do whatever it takes to turn this ship around... just look at the current state of our squad, none of our world class players are under contract beyond this season, we have a ridiculous wage bill considering the results, we can't sell our deadwood because we've mismanaged our personnel decisions and contractual obligations, we haven't properly cultivated our younger talent and we might have become one of the worst clubs ever when it comes to way we handle our transfer business, which under Dein was one of our greatest assets... it's time to get things right!!!

And like most middle - class American children, I proceeded to pretty much forget about the sport whenever the World Cup wasn't on.

Trump urged senators to repeal the Affordable Care Act's health insurance mandate and use the proceeds to slash the top tax rate paid by the richest Americans — a suggestion that pitted his priorities against his daughter, Ivanka, and Republican senators intent on helping the middle class.

James, a fitness veteran, throws out some particularly crazy examples — there's the girl who sticks gum in her towel, the one who puts her feet up on the locker room counters, and even people who come to a group class, and then proceed to do their own workout.

We go to yoga class, stand on a mat in our bare feet and proceed to bend and twist our bodies until we take on a completely different shape.

The arbitrator may only conduct an individual arbitration, and may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding, or any proceeding on behalf of or involving more than one person or persons.

Shah Reza proceeded to modernize the country (new industries, a national educational system, a rail system), but his crackdown on opponents was minor compared to the last Shah, who continued modernization dictatorially despite political opposition (some from the very middle class that the modernization created).

In Mark Pellington's «Henry Poole Is Here,» Luke Wilson, as Henry, is first seen buying a house for himself in a middle - class neighborhood in L.A. suburbia, where he proceeds to stock up on vodka and Krispy Kreme doughnuts.

And if life imposes, and students can't show up for class, they don't miss out on the material they would in a conventional course, because they proceed at their own pace.

Kids who don't study algebra in eighth grade proceed on a path that effectively shuts them off from calculus and advanced science classes.

The studies, both by the Community College Research Center at Teachers College, Columbia University, found that as many as a third of students sidetracked into remedial classes because of their scores on standardized tests would have earned a B or better if they had simply proceeded directly to college - level courses.

College administrators typically rely on standardized tests to decide which students should proceed directly to college - level classes and which students should start in remedial courses.

No dispute concerning this Agreement or CRA's services to be resolved by binding arbitration or by any court may be joined with another lawsuit or other proceeding involving a dispute or any other person or entity, or resolved on a class - wide basis.

Effective on or about June 29, 2016 (the «Termination Date»), shareholders of the various classes of shares of the fund will receive proceeds in proportion to the number of shares of such class held by each of them on the Termination Date.

Reinstatement Privilege If all or a part of an Account Owner's Class A Units in the Advisor Plan are redeemed in connection with a withdrawal or transfer, and the Account Owner purchased the Class A Units subject to an Initial Sales Charge or paid a CDSC on their redemption, the Account Owner may reinvest an amount equal to all or a portion of the redemption proceeds in Class A Units of the same Investment Portfolio or any other Investment Portfolio at the Net Unit Value, without the imposition of an Initial Sales Charge, next determined after receipt in good order of the contribution, provided that such reinvestment is made within one year of the withdrawal or transfer.

In April 2012, three representative plaintiffs brought the class action lawsuit to the Ontario Superior Court of Justice in Toronto on behalf of all drivers who incurred tolls and / or additional charges to the 407 ETR, and had their license plate denied after they had filed a consumer proposal or a bankruptcy proceeding.

Lakeshore Yoga Center will be hosting a cat yoga class on June 10th 29th from 11:30 pm - 12:30 pm with all proceeds being raised for MHS.

One the podcast listeners sent me an email describing that their 5 month old puppy just can't focus on them when they arrive at their puppy kindergarten class and pulls across the parking lot and then proceeds to get even more out of control once they get inside.

Therefore, the dogs should attend puppy socialization classes to learn basic manners, and then proceed on to obedience training as soon as they are old enough.

There were only three people in the business class line and a very friendly, talkative agent wearing a hijab checked me in and told me to proceed to the United Club on International Concourse G.

Engagements on this map seem to take place in the corridor section leading to the spawn of one of the teams so the support class can set up a turret in one lane and then proceed to fire indiscriminately into the spawn area.

Yoga Bar Class passes accepted for this Yoga on the Go offering - a portion of the proceeds benefit the CAC.

We have reached a settlement on behalf of representative plaintiff Lorne Waldman in his copyright infringement class proceeding against Thomson Reuters.

The draft Judicial Protocol relies on existing provisions in the various provincial class proceeding statutes to establish a system whereby multiple and potentially overlapping class actions can move through two or more courts in an orderly manner.

Earlier this year, Justice Perell approved a replacement class representative in Sondhi v. Deloitte Management Services LP on a motion for what has already been an exhausting certification process in a class proceeding.

«[171] While it is true that the common issues trial will not necessarily be dispositive of all issues between the Class Members, and some of the Class Members (but not the Section 97 Group members [Group 1 in this article]-RRB- will have to go on to individual issues trials, the common issues trial will make a substantial advance in the litigation and will determine whether it is worthwhile for the Assessed Group and the No DOTP Group [Group 2 and 3 in this article] to proceed to individual issues trials for a quantification of their losses.

In the area of class actions, it is significant that a Respondent may now apply for leave to appeal from a judgment of the Superior Court granting a Motion for Authorization (Certification)(article 578), a move which will likely have an impact on strategy in first instance and Respondents» decisions whether to consent to authorization and proceed directly on the merits, or not.

On June 26, 2012, the Ontario Court of Appeal ruled that 2 major lawsuits against CIBC and Scotiabank, alleging that employees were denied hundreds of millions of dollars worth of overtime pay, may proceed as class actions.

A class action is a legal proceeding commenced by a representative plaintiff on behalf of themselves and a group or class of people who fall under the same definition of a proposed class.

Once posted, a class action proceeding will remain on the database unless dismissed as a class action by the court.

The appellant, whose sole officer, director and shareholder is Jeffrey G. MacIntosh, holder of the Toronto Stock Exchange Chair in Capital Markets Law at the University of Toronto Law School, seeks their identities to proceed with a proposed class action relying on the provisions of the Securities Act, R.S.O. 1990, c. S. 5, that create private rights of action.

On January 24, 2018, British Columbia Supreme Court certified Nickel v. Weyerhaeuser Company Limited as a class proceeding and appointed Barbara Sirett and David Biggs as the representative plaintiffs of the class.

Commentary by Edward Sampa Full Case Can be Found HERE THE FACTS The respondent was charged, tried and convicted by the Subordinate Court of the first class on one count of possession of property suspected to be proceeds of crime...

Our team of conveyancing solicitors have many years» experience in providing first - class legal advice and support — making sure that conveyancing transactions proceed according to required timescales, on budget and as smoothly as possible.

For a class action lawsuit to happen, a court has to determine that the number of those injured or suffering is large enough to make a group proceeding more efficient than trying to handle each case on an individual basis.

On March 28 and 29, 2017, Justice Belobaba heard the Plaintiff's motion to certify this action as a class proceeding.

A. Introduction and factual Background [2] The appellant appeals the judgment that the trial judge rendered on the common issues certified in this class proceeding.

When class proceedings were first considered in Ontario by the Ontario Law Reform Commission's «Report on Class Actions», a «no - costs» regime was recommended whereby the losing party in a class proceeding was not required to pay the costs of the winning pclass proceedings were first considered in Ontario by the Ontario Law Reform Commission's «Report on Class Actions», a «no - costs» regime was recommended whereby the losing party in a class proceeding was not required to pay the costs of the winning pClass Actions», a «no - costs» regime was recommended whereby the losing party in a class proceeding was not required to pay the costs of the winning pclass proceeding was not required to pay the costs of the winning party.

Proceeding as a class action will not avoid duplication of fact - finding and legal analysis» and for this reason, the individual claims should be decided on a case - by - case basis, not in a group setting, the court ruled.

CN Rail also contested the certification by arguing that a class proceeding would be inappropriate in the circumstances since overtime entitlement can only be established on a case - by - case basis, given that the particular duties carried out by each FLS is different.