Sentences with phrase «declaratory relief only»

Finally, the Court of Appeal found that, notwithstanding the Appellants» assertion that they sought declaratory relief only, the claim really sought «consequential relief» in the form of damages and so the exception under s. 16 (1)(a) of the Limitations Act, 2002 does not apply.

I'm not sure the federal district court will address this question: Courts prefer to address real cases and controversies and dole out declaratory relief only narrowly.

Not exact matches

The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.

Accordingly, the Court ruled that it would only provide the declaratory relief of ruling that Mr. Khadr's section 7 Charter right had been breached, and that Canada had participated in a process that was contrary to its international legal obligations.

(9) The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.

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.

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.

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.

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 arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.