Sentences with phrase «courts of competent jurisdiction under»

The Supreme Court of Canada has confirmed that administrative tribunals with the authority to decide questions of law are courts of competent jurisdiction under s. 24 of the Canadian Charter of Rights and Freedoms.

Supreme Court of Canada confirms that administrative tribunals with the authority to decide questions of law are courts of competent jurisdiction under s. 24 of the Charter.

Nor does it just say the council may consider a ruling, issued by a tribunal constituted under the Human Rights Act or a court of competent jurisdiction under the Charter, that the university has violated the Human Rights Act or Charter,» the court of appeal also said.

Not exact matches

Under the NDA's terms, Trump had the clear right to «immediately obtain, either from the Arbitrator and / or from any other court of competent jurisdiction, an ex parte issuance of a restraining order... without advance notice to [Daniels].»

Any claim related to any dispute arising as a result of the site or under these Terms shall be made before a court of competent jurisdiction located in the Commonwealth of Massachusetts.

By so doing, he is making himself a superintendent and overseer and an appellate court over decisions of a court of competent jurisdiction which under a constitutional democracy like ours and under the rule of law can never be possible.»

(3) Any creditor licensed under this chapter adjudged after May 20, 1996 by a court of competent jurisdiction in any civil action to be in deliberate violation of or in reckless disregard for this chapter shall within 10 days of such adjudication forward a copy of the judgment to the administrator.

(2) An action for a penalty proposed under this section may be commenced by the administrator of the public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group from which the recipient obtained the animal that is the subject of the violation in a court of competent jurisdiction.

(3) If a board that is subject to an order made under subsection 230.3 (2) applies any of its funds otherwise than as the Minister orders or authorizes, the members of the board who voted for the application are jointly and severally liable for the amount so applied, which may be recovered in a court of competent jurisdiction.

(a) the insured person may bring a proceeding in a court of competent jurisdiction; (b) the insured person may refer the issues in dispute to an arbitrator under section 282; or (c) the insurer and the insured person may agree to submit any issue in dispute to any person for arbitration in accordance with the Arbitration Act, 1991.

(5) A court of competent jurisdiction must recognize a judgment of a foreign court that, in addition to meeting the criteria under Canadian law for being recognized in Canada, is in favour of a person that has suffered loss or damage...

The Court can override the refusal of a competent child / a capacitated young person [12] and a person with parental responsibility; using the parens patrie powers under the inherent jurisdiction.

It means that, notwithstanding that a young person has capacity under the MCA 2005 or a child is Gilick competent, and is refusing the treatment / admission / deprivation of liberty; whilst the Court of Protection would have no jurisdiction, a Judge sitting in the inherent jurisdiction of the High Court, could overrule the young person's / child's refusal.

104 (1) Subject to the provisions of the Constitution, the Chief Justice may by order under his hand transfer a case at any stage of the proceedings from any Judge or Magistrate to any other Judge or Magistrate and from one court to another court of competent jurisdiction at any time or stage of the proceedings and either with or without an application from any of the parties to the proceedings.

The questions as to whether a state could enforce, or would be subject to penalties if it chose to continue to enforce, its own laws following a denial by the Secretary of an exception request under § 160.203 or a holding by a court of competent jurisdiction that a state privacy law had been preempted by a contrary federal privacy standard raise several issues.

Learned senior counsel placed reliance on paragraph 26 - 011 of Chitty on Contracts 28th Edition and would submit that the order passed by learned single Judge on 9/9/09 in petition under Section 9 can estop the claimant only if there was a final and conclusive judgment on merits by a Court of competent jurisdiction, there was identity of the parties and subject matter in the two sets of proceedings.

Also, really absurdly nitpicky note: under the «Don't include irrelevant info» paragraph it looks like the «arraignments» was written (def: A criminal proceeding at which the defendant is officially called before a court of competent jurisdiction, informed of the offense charged in the complaint, information, indictment, or other charging document, and asked to enter a plea of guilty, not guilty, or as otherwise permitted by law.

Being convicted in a court of competent jurisdiction of this or any other state, or federal court, of forgery, embezzlement, obtaining money under false pretenses, bribery, larceny, extortion, conspiracy to defraud, or any crime or any similar offenses, or pleading guilty or nolo contendere to any such offense or offenses;

You agree to submit to jurisdiction in Virginia and that any claim arising under these Terms and Conditions will be brought solely in a court of competent jurisdiction in Fairfax County, Virginia.

Neither party will be liable for any failure or delay in performance under these Agent Terms due to fire, explosion, earthquake, storm, flood or other weather, unavailability of necessary utilities or raw materials, war, terrorism, insurrection, riot, act of God or the public enemy, law, act, order, export control regulation, proclamation, decree, regulation, ordinance, or instructions of Government or other public authorities, or judgment or decree of a court of competent jurisdiction (not arising out of breach by such party of these Agent Terms).