Sentences with phrase «dismissed the application noting»

Master Bouck dismissed the application noting all of this could be explored through the discovery process.

Not exact matches

Duty Room Handles various matters including motions for default judgment, decisions concerning applications for warrants to search, applications by the Clerk to strike improper or incomplete pleadings, motions to dismiss filed by the prosecutor pursuant to Criminal Rule 48, cognovit notes, motions to excuse jurors, probable cause hearings, and performing civil wedding ceremonies.

Master Taylor dismissed the application finding that the notes generated during Plaintiff arranged independent medical exams are subject to litigation privilege.

The Plaintiff brought an application to compel pre trial examination under oath of this witness but this was dismissed with the Court noting that a witness willing to speak through counsel is indeed being responsive.

In dismissing the application for judicial review of these decisions and the decision of the Chief Commissioner to order a Tribunal hearing, Justice Greckol noted that the School Division's activities had served only to delay a hearing on the merits (at para 183).

In dismissing the application, the court noted its displeasure with the former employee's continued allegations of fraud as well as the unfounded allegations of bias against the adjudicator:

Mr. Martin is successful on both applications, and the charges against him are dismissed (note: we acknowledge the assistance of Mr. Stephen Robertson, Nova Scotia Legal Aid credited as amicus curiae in this proceeding).

Reasons for judgement were released this week by the BC Supreme Court, Victoria Registry, dismissing an application for an independent medical exam noting the Defendant's could have obtained the sought information through the discovery process.

They can only claim costs in relation to the judicial treatment of the Joint Application which, as noted, was dismissed.

In my Native Title Report 2007, I noted that new provisions had been inserted into the Native Title Act, enabling the Federal Court to dismiss applications that do not meet the merit conditions of the registration test (which are set out in s 190B of the Native Title Act).