Such partial summary judgment runs the risk of
duplicative proceedings or inconsistent facts.
While a securities commission can not abrogate its responsibility to make its own determination as to whether an order is in the public interest, sections like s. 161 (6) of the B.C. Securities Act obviate the need for inefficient parallel and
duplicative proceedings — in this case, by providing a triggering «event» other than the underlying misconduct.
Such partial summary judgment may run the risk of
duplicative proceedings or inconsistent findings of fact and therefore the use of the powers may not be in the interest of justice.
DOL stated in its Friday motion that consolidation is appropriate because all three actions «challenge the same agency rulemaking and present substantially the same legal issues,» and that such consolidation would avoid
duplicative proceedings.
Not exact matches
Arsenault explained, «The centralized Louisiana court will help us deliver justice to the teachers by streamlining the
proceedings, eliminating
duplicative efforts, and conserving resources so we can help teachers get the outcome they deserve.»
If we consider this issue in the context of the TransMountain pipeline
proceedings, we should ask Alberta to explain how its participation will assist the Court in addressing the issues before it and not blindly assume its participation will not be
duplicative of existing parties or otherwise constructive — in other words, hold Alberta to the same standard which was asked of the Tsartlip First Nation in this case.
Justice Stratas grants Alberta's application to intervene on the presumption that the Crown represents the interest of Albertans in the
proceedings (at paras 11 - 27) and denies the application to intervene made by the Tsartlip First Nation on the basis it is really an application for judicial review under the guise of an intervention and its submissions would be
duplicative of existing parties (at paras 35 - 54).