Sentences with phrase «declaratory relief»

MMF, like Daniels, is a «collective claim for declaratory relief for the purposes of reconciling the descendants of the Métis people of the Red River Valley and Canada.»

Acting for the Claimant in an on - going action seeking declaratory relief as to the beneficial interest in 50 % of a company's shareholding.

The Court of Appeal also dismissed the appeal against the Divisional Court's grant of declaratory relief only for a breach of the section 149 PSED, where a full and unchallenged equality impact assessment had been carried out prior to the hearing and had resulted in changes to the scheme.

Barton said in addition to a small $ 10,000 monetary award limited by statute, Rothe was granted declaratory relief finding that the law was unconstitutional.

We also prosecute and defend declaratory relief actions seeking a determination of the client's duty to defend and / or indemnify claims, as well as claims for contribution or equitable subrogation.

In 1981, the plaintiffs, the Manitoba Metis Federation Inc. (MMF) and 17 individuals (Métis), commenced an action for declaratory relief against Canada and Manitoba.

On 25 February 2008 UBS brought proceedings in England seeking negative declaratory relief against HSH.

Fisker's lawsuit against Aston Martin seeks declaratory relief as well as $ 100 million in punitive damages.

In particular, there was a finding of fact that «there was an extensive consultation process concerning ASDA's wish for its store staff to adopt the new regime» and the company had sought to ensure that no employees suffered a reduction in pay (a fact reflected in the nature of most of the claims in the test case, which were for declaratory relief only).

Gurprit regularly takes instructions in regulatory cases, in a diverse range of areas; including education, health and safety, licensing, breach of abatement notices, animal cruelty, food hygiene regulations (both in respect of declaratory relief on a civil complaint and criminal breaches).

Plaintiff Did Not Prevail On His Monetary Claims, And No Injunction / Declaratory Relief Found Against Defendants.

In Windsor the applicant for declaratory relief from the Federal Court was a federally incorporated company responsible for an international bridge.

They applied for declaratory relief under the Charter.

Despite this finding, the Court expressed the appropriate deference to the government and respect of the prerogative powers of the executive by providing declaratory relief instead of a specific remedy, given that,

The Russian Federation lodged the plea for negative declaratory relief with the Stockholm District Court in 2009 while the arbitration procedure was still ongoing.

Advice in relation to shipping Agency dispute and evidence generally and more specifically in relation to procedure and anti-suit injunction, supporting declaratory relief.

In 1989, the Michigan Court of Appeals addressed whether declaratory relief was available to a Board seeking to enforce a membership suspension under its Code of Ethics.

The issue that their lordships had to consider was raised in declaratory relief proceedings in the High Court, in which YL sought to engage human rights arguments to resist her removal from the home.

«Mr. McMaster's repeated threats of criminal prosecution should we refuse to shut down craigslist for South Carolina have left us little choice but to seek declaratory relief before the court,» Buckmaster said.

In the Family Law Act 1986... there is a code for the recognition and enforcement of an order for custody made in one part of the UK by a court in another part of the UK and framework to determine declaratory relief in matters of marital status, legitimacy and legitimation and adoptions effected overseas.

Tried and defeated claims of breach of contract, breach of fiduciary duty and declaratory relief brought by plaintiffs who sought to both obtain control of the clients» intellectual property rights and secure a large monetary award.

The defendant applied to have aspects of the relief sought struck out on the ground that the claimant was not entitled to the breadth of injunctive and declaratory relief pleaded.

The Ontario Court of Appeal did not agree: Rouleau J.A. overturned the lower court decision, granted Mr. Figueiras declaratory relief, and awarded costs in the amount of $ 5,000.00.

Arbitrated declaratory relief dispute between major health care providers regarding contract interpretation

Winter 2016 - Pennsylvania Companies are Allowed to Seek Pre-Enforcement Declaratory Relief, Environmental Litigation — American Bar Association Section of Litigation

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.

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.

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

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.

Represented a solid waste company defending a claim by a governmental entity for contract reformation and declaratory relief resulting in a $ 2.78 million settlement award to client

The Canadian Foundation for Children, Youth & the Law, a childrens» rights organization, brought an action for declaratory relief striking down Section 43 of the Criminal Code, the legislation which decriminalizes the spanking of children for the purpose of corrective discipline.

In this one, plaintiff won quantum meruit recovery from defendant, but also suffered some defeats — a directed verdict on 5 of 6 claims and an indemnification declaratory relief claim relating to unlicensed contractor disgorgements.

Mike provides claims handling and coverage advice to insurers, defends bad faith suits, and litigates declaratory relief and contribution actions.

The court dismissed the defamation claim, but did grant Dr. Wang declaratory relief.

TECH CRUCNH — May 20 — Craigslist is suing South Carolina Attorney General Henry McMaster, seeking declaratory relief as well as a restraining order with respect to criminal charges he has threatened against the company and its executives.

We counsel tenants and landlords on their options, which may include proceedings with an assignment or subletting without consent, or seeking declaratory relief from the court.

Special Education & Disabilities: Whether 20 U.S.C. § 1415 (l) requires Petitioners to exhaust the state administrative procedures set forth in the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. § 1400 et seq., before filing a civil action seeking monetary and declaratory relief under the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. § 12201 et seq., and the Rehabilitation Act of 1973, 29 U.S.C. § 701 et seq..

If there is a reason to anticipate that a disciplined member will sue, the Board should consider filing a petition for declaratory relief with a court of competent jurisdiction to confirm the legal propriety of the Board's action in the disciplinary proceeding.

Advice in relation to shipping Agency dispute and evidence generally and more specifically in relation to procedure and anti-suit injunction (in light of recent Supreme Court authority), supporting declaratory relief.