Sentences with phrase «enforceable as a judgment»

In Alberta, once an order has been filed with the Court of Queen's Bench, it is enforceable as a judgment of that court.

Stipulated Judgment — An agreement between the Parties regarding resolution of all outstanding disputes between the Parties that is incorporated into the judgment and enforceable as a judgment.

Not exact matches

France has thus taken a pragmatic approach to establishing a judicial forum which might attract international commercial parties concerned as to whether English judgments will remain as easily enforceable throughout the EU post Brexit.

But for the past 30 years, we've taken for granted that we can also offer the benefit of all these European instruments and that English judgments will be enforceable across the EU — and as soon as those are stripped back, one may need to consider the balance between the general reputation of English courts and English law and the fact that we may need to say to clients that it may potentially become harder to enforce your debt overseas in the EU.

The Ontario court's «only inquiry of the foreign court is whether it had a real and substantial connection to the subject matter of the action; once that is established, the analysis shifts to a consideration of whether the judgment is enforceable in Ontario as a matter of domestic law.»

Rather than commence a new action on the foreign judgment, a judgment from a reciprocating jurisdiction can be registered in BC, and it becomes enforceable as if it was a BC judgment.

I was able to obtain summary judgment based upon the statute of limitations, in which the court found that the doctors» advice to the plaintiff that «nothing was wrong with her», was not sufficient to delay the discovery of her injuries so as to avoid the bar of the statute of limitations; and Nahrstedt v. Lakeside Village, the leading case in California which held that provisions in the CC&R s are presumed to be reasonable and enforceable.

Accordingly under these two Acts, as well as at common law, non-money judgments and interim orders, including injunctions, are not enforceable.

Authentic instruments and agreements between parties that are enforceable in one Member State should be treated as equivalent to «judgments» for the purpose of the application of the rules on recognition and enforcement.

Any judgment delivered by a court of another Member State and declared to be enforceable in accordance with Section 2 or certified in accordance with Article 41 (1) or Article 42 (1) shall be enforced in the Member State of enforcement in the same conditions as if it had been delivered in that Member State.

Judicial settlements (transactions judiciaires) which a court of a Contracting State designated in an exclusive choice of court agreement has approved, or which have been concluded before that court in the course of proceedings, and which are enforceable in the same manner as a judgment in the State of origin, shall be enforced under this Convention in the same manner as a judgment.

Foreign country money judgments are enforceable in the same manner as the judgment of a sister state, which is entitled to full faith and credit in New Jersey courts.

The new law expressly provides that if the court in a proceeding finds that the foreign - country judgment is entitled to recognition then, to the extent that the foreign - country judgment grants or denies recovery of a sum of money, the foreign - country judgment is conclusive between the parties to the same extent as the judgment of a sister state entitled to full faith and credit in New Jersey would be conclusive and is enforceable in the same manner and to the same extent as a judgment rendered in the state.

Even so, the parties can come to an agreement that will be enforceable under their divorce final judgment that the other party can have visitation, otherwise known as timesharing, and may also be responsible for paying child support.

As with a judgment, a settlement agreement is enforceable in court.

In this case, the terms of the legal separation are enforceable as part of the court order, similar to a money judgment.

Signed written agreements reached in mediation are enforceable as court judgments under California Code of Civil... [Read More...]

These agreements are typically drafted and reviewed by attorneys and become a part of the final judgment of divorce which are enforceable as if they were court orders.

Coldwell Banker Village Green Realty v. Pillsworth (32 A.D. 3rd 568 [3rd Dept.]-RRB-- Order of the Supreme Court granting broker's motion for summary judgment affirmed; in the absence of an agreement to the contrary, the broker's right to a commission is not contingent upon performance of the underlying real estate contract, receipt by the seller of the sale price, transfer of title, or even a formal execution of a legally enforceable sales contract; seller could not utilize the provisions of a subsequently executed sales contract wherein seller agreed to pay broker's commission «if and when title closes» as a bootstrap to avoid her obligation to the broker under the clear and unambiguous provisions of the listing agreement as such language was contained in the contract of sale prepared by counsel and to which broker was not a party; provisions in listing agreement that seller would accept a binder or purchase contract contingent upon purchaser's ability to obtain conventional financing and provided any other contingencies in the binder or purchase agreement are acceptable to the seller speak only to the type of purchase offer that seller was obligated to accept and does not alter or otherwise qualify broker's right to a commission

Parkway Group Ltd. v. Modell's Sporting Goods (254 A.D. 2d 338)- summary judgment dismissing broker's complaint affirmed; letter agreement between broker and owner providing for commission in the event that a certain sublease was entered into does not, as a matter of law, constitute an exclusive agency or exclusive right to negotiate with all other potential sublessors; broker not the procuring cause of the ultimate lease transaction; purported agreement was not enforceable as it provided for a commission «at a rate to be negotiated,» which amounts to an unenforceable agreement agree; broker also abandoned transaction.

Robison v. Sweeney (301 A.D. 2d 815)-- broker's right to a commission is not dependent upon the execution of a legally enforceable contract, so long as the seller and buyer have come to a meeting of the minds on the essential terms of the transaction; summary judgment for broker reversed where there are questions of fact as to whether there was a meeting of the minds between the buyer and the seller regarding the essential terms of the contract.