Sentences with phrase «court alternative claim»

Not exact matches

Individual liability insurance may be seen as being over cautious, or unnecessary, so I will end this article with an anecdote that involved the organiser of a group trip that was sued in the small claims court over what was effectively a difference of opinion about a suitable alternative when something went wrong on a trip.
The court claimed that other Florida programs that permit such spending «are structurally different from the OSP, which provides a systematic private school alternative to the public school system.
Short of going to small claims court, there is an alternative that can work well for situations like yours.
As an alternative, you may bring your claim in your local «small claims» court, if permitted by that small claims court's rules.
Procedure to Make a Request To submit a valid court order of protection and / or a request to receive communications of claim related information by alternative means or at alternative locations to Berkshire Hathaway Travel Protection please use the following address:
To submit a valid court order of protection and / or a request to receive communications of claim related information by alternative means or at alternative locations to Berkshire Hathaway Travel Protection please use the following address:
In court papers filed on Monday, the Daily News reported, Baldwin claimed art gallery owner Mary Boone sold him an alternative version of artist Ross Bleckner's Sea and Mirror in 2010.
Then, I will examine in more depth the above claim on the Court's shift in interpretive methodology and the alternative approaches to the interpretation of the AFMP that could have been taken.
Having found that the exception from coverage clause did not apply to bar coverage, the court did not address the alternative claim for relief from forfeiture.
As a PhD student studying the use of knowledge technologies and access to justice strategies, I am following with interest the development of the Civil Resolution Tribunal (CRT)[Civil Resolution Tribunal Act, SBC 2012, c. 25;] in BC — an online dispute resolution process which will provide an alternative to the courts for small claims and strata property disputes.
;] in BC — an online dispute resolution process which will provide an alternative to the courts for small claims and strata property disputes.
Writing for Legal IT Professionals, in an article entitled: Web - based Dispute Resolution Systems Gain Traction as Court Delays and Low Value Disputes Surge, Christy highlights how Alternative and Online Dispute Resolution techniques are being applied by private companies seeking to compete with court's claim for «customers&raCourt Delays and Low Value Disputes Surge, Christy highlights how Alternative and Online Dispute Resolution techniques are being applied by private companies seeking to compete with court's claim for «customers&racourt's claim for «customers».
If a plaintiff demonstrates to a Canadian court (except Quebec) that the most effective means of bringing notice of the claim to the anonymous defendant is by alternative means of service via Twitter, Facebook, MySpace, etc., then obtaining such an order authorizing service is of no real moment.
[172] There is no preferable procedure or meaningful alternative to the Superior Court adjudicating the Class Members claims» for negligence, conspiracy, inducing breach of contract, and for an oppression remedy.
Salter said the ability to resolve small claims disputes online extends the mediation efforts B.C. initiated for small claims and family disputes as an alternative to costly and time - consuming court litigation.
Whereas, as the Court points out, it is indeed for the national court to assess whether national law reaches an adequate balance between different interests in line with the definition of occupational requirements discussed above [§ 80], the Court does not clearly assess the implications of the alternative claim in EU law (direct effect) if the national court does not, in the end, manage to reconcile these interests through interpretaCourt points out, it is indeed for the national court to assess whether national law reaches an adequate balance between different interests in line with the definition of occupational requirements discussed above [§ 80], the Court does not clearly assess the implications of the alternative claim in EU law (direct effect) if the national court does not, in the end, manage to reconcile these interests through interpretacourt to assess whether national law reaches an adequate balance between different interests in line with the definition of occupational requirements discussed above [§ 80], the Court does not clearly assess the implications of the alternative claim in EU law (direct effect) if the national court does not, in the end, manage to reconcile these interests through interpretaCourt does not clearly assess the implications of the alternative claim in EU law (direct effect) if the national court does not, in the end, manage to reconcile these interests through interpretacourt does not, in the end, manage to reconcile these interests through interpretation.
It is an alternative to a docket appearance in court before a judge when an applicant files a claim for a parenting order, guardianship order, contact order or an order to enforce time with a child under the Family Law Act.
Before pursuing a Professional Negligence claim, it's worth considering if there are alternatives to court action.
The Tribunal is to serve as an alternative to court for small claims and civil property disputes.
(iv) Where the court is not satisfied on the basis of the affidavit and the other evidence before it that the right to withhold inspection is established, it may: (a) conclude that the evidence does not establish a legal right to withhold inspection and order inspection; (b) order a further affidavit to deal with matters which the earlier affidavit does not cover or on which it is unsatisfactory; (c) inspect the documents (inspection should be a solution of last resort and should not be undertaken unless there is credible evidence that those claiming privilege have either misunderstood their duty, or are not to be trusted with the decision making, or there is no reasonably practical alternative); or (d) order crossexamination of a person who has sworn an affidavit (however, cross-examination may not be ordered in the case of an affidavit of documents.
Stephen has experience in alternative dispute resolution procedures and has acted in Commercial Court proceedings and mediations arising from Commercial Court claims.
The Court will also consider whether there is an alternative claim for damages, the degree of difficulty in calculating damages, and whether damages would be a satisfactory remedy.
She has experience in alternative dispute resolution procedures and has acted in Commercial Court proceedings and mediations arising from Commercial Court claims.
It should be noted, in passing, that the appellants did not pursue an alternative claim before the Divisional Court to the effect that the provisions containing the prohibition should be «read down» under s 3 of the Human Rights Act 1998 (HRA 1998) since it was common ground that the wording of CA 2003, s 321 was clear.
It will provide an alternative to court for people seeking to resolve small claims and strata property (condominium) disputes in BC.
On March 23, 2016, a First Circuit panel of three judges, which included retired U.S. Supreme Court Justice David Souter, ruled that a district judge properly dismissed Michael Tersigni's negligent design claim because he failed to present evidence of a reasonable alternative design.
Arbitration is an alternative to the court system, in which a single arbitrator or panel of arbitrators will make a decision on a plaintiff's personal injury claim.
On redetermination of an accounting of profits, the Federal Court (FC) rejected Apotex's claim that the profits awarded to Servier due to Apotex's manufacture and sale of infringing perindopril should be reduced based on alleged non-infringing alternatives (NIAs).
Our fee schedule combined with the benefits of arbitration make us an attractive alternative to Small Claims Court and the Simplified Procedure.
We are able to advise on Alternative Dispute Resolution options which may be more cost effective and beneficial to your business than issuing a Court claim.
The court then went on to explore mutual recognition and acquiescence as an alternative claim by the Montecucos.
Our trial lawyers regularly appear in putative consumer class actions and individual claims in state and federal courts, including multi-district and bankruptcy actions, as well as in arbitrations and other alternative dispute proceedings.
Before you start a Professional Negligence claim, you should look carefully at the alternatives to court action.
Once we ha had a chance to review the merits and background of your situation, we will take the time to advise you about your options for a negotiated settlement, such alternative dispute resolution techniques as mediation or arbitration, and all of the practical considerations that should inform your decision to take a claim or defense to court.
Summary The Multi-Door Courthouse Act provides parties to a lawsuit with choices for resolving their dispute that save time and money, when compared to formal court proceedings, by encouraging alternative dispute resolution (ADR) procedures — limited discovery, confidential proceedings, and nonjudicial assistance in evaluating the parties» claims.
Administrative Law Alternative Dispute Resolution Social Program Business Law Alternative Dispute Resolution Incorporations Independent Legal Advice Sports Law Civil Law Alternative Dispute Resolution Co-op Housing Estate Litigation Motor Vehicle Accidents Personal Injury Property Damage Residential Landlord and Tenant (Landlord) Residential Landlord and Tenant (Tenant) Slander / Libel Small Claims Court Wrongful Dismissal Estate Law Alternative Dispute Resolution Elder Law Estate Administration and Distribution Estate Litigation Estate Planning Independent Legal Advice Living Wills Power of Attorney Representation Agreements Trusts Wills Family Law Adoption Alternative Dispute Resolution Annulments Bankruptcy and Insolvency Child / Spousal Support Child Custody / Access Child Protection Proceedings Collaborative Family Law Committeeship (Mental Incompetency) Division of Property / Assets Domestic Contract Family Court of Appeal Independent Legal Advice International Divorce Paternity Restraining Orders Separation / Divorce Uncontested Divorce Variation Orders Labour and Employment Law Alternative Dispute Resolution Arbitration — Interests and Rights Employment Contracts Employment Equity Employment Insurance (EI) Employment Standards Human Rights / Discrimination Individual Employee Representations Management Representation Occupational Health and Safety Pensions Professional Discipline Hearings Sexual Harassment / Discrimination Sports Law Union Certification / Decertification Unionized Personnel Work Permits / Visas Wrongful Dismissal WSIB / WCB / WSB Real Estate Law Condominium Contract Independent Legal Advice Mortgage Agreements Residential Real Estate Rural Real Estate
Peter has successfully litigated numerous product liability, personal injury, property and subrogation claims, and has appeared at various levels of the Ontario court system, before administrative and regulatory bodies, and in Alternative Dispute Resolution forums.
Para. 18 stated the alternative claim in a variety of phrases, separated from one another by the repeated use of the bastard conjunction «and / or» which has, I fear, become the commercial court's contribution to basic English.
We are not among those who claim that ODR is a magical solution to all of Justice's woes, or even that it can be presented as a valid alternative to the courts for all types of disputes.
Government passed legislation in May 2012 to allow the establishment of the Civil Resolution Tribunal and is now working to implement this alternative to court for people seeking to resolve small claims and most strata property disputes.
The court looks at whether the case raises common issues, and at whether there are alternative means for handling the plaintiff's claim.
Also in this section (pages 7 - 9 of the slip opinion), the Court applied what I would describe a «realistic litigator» analysis (which Justice Scalia often employs to reject claims of «future bad law» effects) to habeas lawyers» likely moves, and expressed the majority's «doubt that any more judicial time will be wasted» than would be the case under the dissent's alternative vision.
The court's solution to the crisis was the humble summary judgment motion — described in Hryniak v. Mauldin by Justice Andromache Karakatsanis as a «legitimate alternative for adjudicating and resolving legal disputes» not merely a «tool used to weed out clearly unmeritorious claims or defences.»
Yet we still send clerks, process servers and articling students to the court house to sit in line for hours on end to issue our Statements of Claim and file our motion records, because there is no other alternative.
To submit a valid court order of protection and / or a request to receive communications of claim - related information by alternative means or at alternative locations to Seven Corners, Inc., please send the following information to Seven Corners, Inc..
Procedure to Make a Request To submit a valid court order of protection and / or a request to receive communications of claim related information by alternative means or at alternative locations to Berkshire Hathaway Travel Protection please use the following address:
To submit a valid court order of protection and / or a request to receive communications of claim related information by alternative means or at alternative locations to Berkshire Hathaway Travel Protection please use the following address:
To submit a valid court order of protection and / or a request to receive communications of claim - related information by alternative means or at alternative locations to Seven Corners, please use the office address or the email address listed below.
[57] However, the NNTT has stated in respect of s 86F that the parties «should not assume that alternative or even related agreement - making will be accepted by the Court as legitimate reason for delaying resolution of the claim» [58]
ALSO, Brokerages are businesses and although the practice over the last 50 years has been to ignore common law, a simple Small Claims court decision for the Co-Operating Brokerage against the Listing Brokerage for failure to collect monies owed as a result of MLS rules and regs and forms, would be a cheap alternative to recover at least $ 10,000.
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