Sentences with phrase «declaratory -lsb-»

Sometimes marine insurance companies outright deny claims, but more often, they file what is known as declaratory judgment actions.

She sought declaratory and injunctive relief, but not just compensation.

We can even file for declaratory relief when the risks of committing to any one of several plausible interpretations are too great to accept prudently.

Obtained injunctive and declaratory relief, and a favorable financial settlement on behalf of client.

this case warrants a declaratory ruling by the Ky..

First, the CCC's assertion that «the provisions of Annex III are from the point of view of EU law of declaratory nature only» is plainly wrong.

A declaratory judgment action asks a federal court if an interpretation of the insurance policy — usually an exclusion clause — can be used to deny the claim.

The submission of a representative action (i.e. injunction, redress order or declaratory decision) suspends or interrupts the limitation periods applicable to any redress actions for the consumers concerned.

Barresi v. Jones LaSalle Real Estate Services, Inc. (2018 ONSC 2579) offer to settle — favourable — substantial indemnity costs — damages for negligent misrepresentation — declaratory Justice C. Aitken

A member of our pensions litigation group, Sam also has particular expertise advising both claimants and defendants on High Court disputes and declaratory proceedings and on matters before the Pensions Ombudsman.

In MMF, the plaintiffs had sought declaratory relief primarily on the ground of the Crown's fiduciary obligations.

The somewhat declaratory, if not aspirational, title refers to its key purpose: repeal of the European Communities Act 1972 and the legal implementation of Brexit.

The declaratory relief sought in MMF is for the outstanding obligation under s. 31 of the Manitoba Act.

The FTCA does not bar suits for breach of contract, does not bar suits for injunctive or declaratory relief, and does not bar suits against government employees for money damages for intentionally violating someone's civil rights (even though some union contract indemnify and defend government employees for civil rights violations, in practice, converting tort liability of an individual into contractual liability of the United States government).

The trial judge granted the BCTF declaratory relief plus $ 2 million in Charter damages; the Court of Appeal for British Columbia allowed the appeal but set aside the damages award.

The Respondents filed applications for habeas corpus with the Superior Court and sought a declaratory judgment based, inter alia, on s. 7 of the Charter.

Finally, the Court acceded to the CLA's request for a declaration, concluding that declaratory relief would serve a useful purpose given that the Ministry had refused to exercise its discretion properly, despite the IPC's orders that it do so.

Quebec Superior Court: motion for order to rectify books and records and for declaratory judgment granted.

As an attorney in the Supreme Court Division of this major New York City real estate litigation firm, Suzanne handled a wide variety of complex state and federal court cases, including declaratory judgment and injunctive actions, commercial foreclosures, workouts, representation of cooperative and condominium boards of directors and representation of real estate owners in all phases of bankruptcy litigation, we well as real estate transactions.

Obtained summary judgments in favor of national insurance clients in numerous declaratory judgment actions involving various coverage, insurance policy rescission and extra-contractual issues.

Court of Queen's Bench of Alberta: Traffic Safety Act held to be in operational conflict with Bankruptcy and Insolvency Act: declaratory relief granted to Respondent; suspensions of driving privileges for non-payment of discharged judgment debt stayed.

C.A.: appeal allowed; motion for order to rectify books and records and for declaratory judgment dismissed.

However, the Divisional Court accepted the Secretary of State's argument that the only appropriate relief for this unlawfulness was declaratory, and that it was not appropriate to make an order disapplying the unlawful parts of the 2016 Act.

The syndic applied to the Superior Court for a declaratory judgment to determine whether the Respondent could refuse to disclose the documents covered by those privileges.

As to the remedy to be granted, Liberty had argued that the court should go further than simply granting declaratory relief, and disapply the current legislation.

In this one, landlord had to bring a «coercive» declaratory relief action against a commercial tenant based on winning a prior action in which tenant was only allowed to use common areas behind its store for loading / unloading purposes only.

Collective agreement: Despite assertions by the College that the matter was governed by the collective agreement between the Union and her employer, the Court did not accept that the collective agreement was a bar to declaratory relief.

The Respondents, the beneficiaries of the renewal clause in the contract, refused to allow the Applicant to terminate the contract in that way and brought a motion before the courts for a declaratory judgment and permanent injunction.

Federal Court: declaration issued that «those persons who are Métis and those who are non-status Indians -LSB-...] are «Indians» within the meaning of the expression «Indians and Lands reserved for the Indians» contained in s. 91 (24) of the Constitution Act, 1867»; further declaratory relief, denied.

Apr. 12, 2017)(unpublished), where a party won a declaratory relief action to invalidate a non-compete agreement and also happened to defeat an employer's cross-claims.

End Result Is Declaratory Relief Action Based On Attorney's Lien Did Survive Based On Longer Four - Year SOL Relating To Written Contracts.

In Plaintiff Mediko P.C.'s challenge to procurement procedures by Defendants Roanoke County and Western Virginia Regional Jail Authority, the court permitted certain declaratory issues to move forward but ruled it had no authority under the Virginia Public Procurement Act to...

Mootness: Although the College asserted the issue was moot, as no one's registrant status was impacted, and furthermore, paramedics had recently been transitioned from the HDA to the Health Professions Act, R.S.A. 2000, c. H - 7, which gives the College control over its own forms, the court decided that due to live controversies and an ongoing relationship between the College and the technician, declaratory relief would help them with their ongoing relationship, and would address future problems.

Quebec Superior Court: declaratory judgment and permanent injunction allowed in part.

In the firm's trial practice, they have represented manufacturers and sellers of industrial, commercial and consumer products; property and business owners and contractors; nationally known retail chains; bus and trucking companies and those in the logistics business; financial entities and pursue creditor's rights; insurers in coverage actions and prosecute declaratory judgment actions on their behalf.

Lex Machina's trademark data lets you analyze federal cases with one or more claims involving Lanham Act violations, including claims of trademark infringement, trademark dilution, unfair competition, or cybersquatting, including declaratory judgment actions.

The ONCA also held that a court hearing an application for such declaratory relief must consider not only the child's age but also the reasons why declaratory relief is being sought, and whether the declaratory relief would resolve the issue.

Recently, Mr. Korniczky was lead counsel for TCL Communication Technology Holdings in a three - week trial in a breach of contract and declaratory judgment action it filed against Ericsson Inc. et al. in the Central District of California seeking a FRAND license to Ericsson's 2G, 3G and 4G SEP portfolio.

He has successfully prosecuted declaratory relief actions on insurance coverage questions in which potential exposure to the carrier was in the millions, and obtained a sizeable verdict for an individual against one of the nation's largest commercial banking institutions in a breach of contract matter.

This is an interesting decision involving a minor child's application for declaratory relief confirming her withdrawal from parental control.

Mount Vernon sued Visionaid in federal court, seeking a declaratory judgment that it was not obligated to prosecute or fund the prosecution of a counterclaim, and Visionaid counterclaimed.

Because Doe did not appeal the family court's decision, and because no party to the declaratory action argued that these statutes did not protect Doe, he would have found no justiciable controversy.

They agree with the Federal Circuit that it is inconceivable and unfair to require an alleged infringer to follow up on every demand letter with a declaratory suit.

These include orders for contested dismissal or summary judgment, declaratory judgment, class action, multi-district litigation, jury trial, bench trial and appeal.

The child brought a motion for declaratory relief, without serving either of her parents or adding them as parties.

This is the second decision released in the past four months dealing with a minor's request for declaratory relief — the other, N.L. v. R.R.M., was reported on by FamilyWatch in November / December 2016.

-- Minors seeking a declaratory order that they have withdrawn from parental control must list their parents as parties to the application: R.G. v. K.G.

The child submitted on appeal that the only factor to be considered by the judge hearing an application for a declaratory order was the child's age — and therefore, it was unnecessary to name the parents as parties or provide notice to them where the child was 16 or older because they could not contest the relief in any event.

Yet in an interesting twist, Casemaker has chosen not to defend against Fastcase's action for declaratory judgment.

However, even though the appellant father had not been named as a party or received notice of the application in this case, the SCJ judge's declaratory order was upheld.