Sentences with phrase «equitable remedies»

• The Real Estate Recovery Fund exists to reimburse any person who has obtained a final civil judgment against a Pennsylvania real estate licensee owing to fraud, misrepresentation, or deceit in a real estate transaction and who has been unable to collect the judgment after exhausting all legal and equitable remedies.

If a spouse is successful in voiding a settlement agreement then she has equitable remedies.

Mareva injunctions are extraordinary equitable remedies that operate to freeze a defendant's assets prejudgment.

Despite this, the redistribution of money and property at the end of a cohabiting relationship can only be regulated — in the absence of an express agreement — by the imposition of complex equitable remedies.

It is a reminder of the limitations that arise when attempting to use equitable remedies to recover losses.

Consequently, the case can be distinguished from one in which validity is challenged by a party to the agreement, where equitable remedies (eg proprietary estoppel) might be called upon to rescue a formally defective agreement.

When someone is being treated unfairly or the reputation and viability of a business is being threatened by the conduct of others, knowledge of and experience in obtaining urgent equitable remedies is necessary for the fair and prompt resolution of business disputes.

Experience, or demonstrable interest and training in the following litigation practices: IT, IP (especially copyright and trademark); internet and technology; business and commercial disputes; and real estate, commercial leasing and construction practice areas, including acting for those seeking or responding to injunctions, and other urgent equitable remedies, would be assets; as would experience and interest in insurance litigation.

Section 31 makes it mandatory for an arbitral tribunal to decide a dispute in accordance with law, with which is expressly stated to include specific performance, injunctions and other equitable remedies.

We have knowledge and experience in the management of business disputes including the urgent equitable remedies available through the courts.

We have considerable experience in seeking and responding to proceedings to obtain freezing orders and other equitable remedies to secure assets, information and evidence before trial in Ontario or Canada (Federal Court).

The Manitoba Court of Appeal reviewed the fiduciary obligations of a committee to an incapable person and concluded that «the breach of such a special relationship gives rise to the widest array of equitable remedies» (at paragraph 21) and that the «court is concerned not only in compensating a wronged plaintiff, but also in upholding the obligations of good faith and loyalty» (at paragraph 22).

He also has experience advising on the trust law elements of commercial disputes, particularly on constructive and resulting trusts, following and tracing, and other equitable remedies.

All those resolutions are equitable remedies.

If you instead took a course on equitable remedies, you could apply it to any niche you practice in.

Negotiated the settlement of complex litigation among shareholders of two closely - held international plastics, companies involving various business torts, contract claims and equitable remedies; coordinated the transfer of stock, the implementation of a security agreement and indemnification for international financing obligations

The required action may include urgent equitable remedies to freeze assets and obtain disclosure of documents and information concerning the debtor's assets.

«I welcome enquiries concerning large, complex litigation and arbitration, entirely within Ontario or having a cross-border dimension, and referrals from lawyers and attorneys in Ontario, other provinces, US and other foreign jurisdictions, regarding business disputes and commercial litigation, fraud litigation and recovery, real estate litigation, urgent equitable remedies, including injunctions and the enforcement of Ontario, US and other foreign judgments and arbitration awards in Ontario.»

However, because T - Rack was not subject to equitable remedies for violation of state law, it is possible he was not liable for some portion of fees, with a remand necessary to decide how this should pan out.

Common law is still going strong in New Jersey: I can sue for the tort of negligence, trespass and deceit, I can seek equitable remedies like an injunction and estoppel and I can also sue for breach of contract.

The next frontier of equitable remedies for tax remediation is rescission.

We have acted in leading cases involving, summary judgment, urgent injunctions and other equitable remedies.

These are extraordinary equitable remedies often available when damages alone will not address the loss or threatened loss.

Nothing in the act hints at the existence of the presumption of advancement, never mind the presumptions of gift and resulting trust, or the doctrine of unjust enrichment and its equitable remedies.

These developments suggest a greater willingness on the part of the Federal Court to compensate successful parties in line with the actual financial stakes of patent litigation and suggest that if a successful party is entitled to equitable remedies, the court is more willing to award substantial equitable monetary remedies to the successful party.

Advancing claims against a number of individuals and corporate entities in breach of contract, breach of trust, fraud and conspiracy, misrepresentation, dishonest assistance, unlawful interference with economic interests including proprietary and equitable remedies and restitution (for monies had and received).

Although rectification will now apply in a more limited range of cases there are still some circumstances where other equitable remedies are available to fix tax mistakes.

[4] However, equitable remedies can take different forms, such as rescission of documents.

Within the past decade, banking and insurance companies have hired historical legal experts and spent a lot of time litigation over the US Federal Court system's power to issue equitable remedies such as the Mareva injunction and equitable liens to seize assets in federal litigation; the Alien Torts Act which has been used by international human rights organizations had its breadth restricted by use of 18th century views of the «law of nations» requiring recourse to historic writers like Hugo Grotius, and even administrative law has come under assault by dissents of Justice Thomas arguing that the «Chevron» doctrine of deference to agency interpretations of their own statutes should be set aside as being incompatible with the understanding of the American separation of powers doctrine as it was understood at the time of the country's founding.

In the even that you have missed the two limitation period, you still have an opportunity to pursue so called «equitable remedies» such as «unjust enrichment» and «constructive trusts».

However, common - law couples can gain an interest in their partner's property through equitable remedies.

Note that there may be equitable remedies such as the presumption of resulting trust, but all the warnings about unjust enrichment apply here as well.

The take - away message is this: if you move in with your partner and do not have children, you could be liable / entitled to support after three years, but you are never automatically entitled to property sharing, although in certain circumstances you may be able to claim unjust enrichment or other equitable remedies.

equitable remedies including proprietary estoppel, resulting trust and constructive trust claims; and

With privacy the problems are of the opposite kind: the claimant needs exactly the right mix of legal rights, equitable remedies and continental jurisprudence to get the case off the ground.

The third statute is the Racketeer Influenced and Corrupt Organizations Act («RICO»), 18 U.S.C. § § 1961 - 1968 (Counts 3 and 4), which provides private parties with a cause of action to recover treble damages due to injuries they received from a defendant's unlawful racketeering activity and the government with a cause of action to seek other equitable remedies to prevent future unlawful acts.

You hereby agree that Undead Labs would be irreparably damaged if the terms of this ToU were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this ToU, in addition to such other remedies as we may otherwise have available to us under applicable laws.

You agree that, if the terms of these Terms of Use are not specifically enforced, we will be irreparably damaged, and therefore you agree that we shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to any breach (es) or threatened breaches of these Terms, in addition to any other available remedies under contract, at law or in equity.

24.3 You acknowledge and agree that the Company would be irreparably damaged if the terms of these Terms & Conditions were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of these Terms & Conditions, in addition to such other remedies as we may otherwise have available to us under applicable laws.

«The matter was not instituted as a criminal suit, a court can not go on a voyage of discovery to fish for facts to grant equitable remedy when the respondent averred that he had defendants and was ready to return the money if found liable at trial after his tenure.

Ordering an employer to take back a worker is a form of the extraordinary equitable remedy called «specific performance» of the employment contract.

The Ontario Court of Appeal restored the arbitrator's initial award, noting that the lower court judge failed to consider all of the facts in evaluating the appropriate equitable remedy, which is always a matter of discretion.

Since relief from forfeiture is an equitable remedy, the Court must consider the proceedings and the conduct of the parties under the circumstances, and any such terms as to payment of rent, costs, expenses, damages, compensation, penalty or the granting of an injunction to restrain any similar breach in the future.

Justice Manderscheid noted the seminal case of BCE Inc. v 1976 Debentureholders in which the Supreme Court of Canada said, «oppression is an equitable remedy.

I am not sure that a stay is an equitable remedy, but instead it is the use of the court's equitable power to aid its jurisdiction.

Winclare Management Services Ltd. v. Canada (Attorney General), 2009 5 CTC 278 — Example of a reported decision where the equitable remedy of rectification was achieved to give effect to the parties intended tax planning.

[17] The oppression remedy is an equitable remedy.

The principle of «unjust enrichment» has played a significant role in the development of this equitable remedy.

The Attorney General argued that the equitable remedy of rectification only applies to correct a written instrument when it does not accurately reflect what the parties intended to record; the share redemption was not a mistake, and should not be rectified.

The BC Court of Appeal in BNSF Railway v Teck Metals Ltd 2016 BCSC 350 the court delivered the following brief summary of the history of constructive trust as an equitable remedy: