Sentences with phrase «for abuse of process»

The current mayor and council have apologized for this abuse of process.

C.A., Mar. 14, 2012)(34824) Feb. 21, 2014 There are rare occasions — «the clearest of cases» — when a stay of proceedings for an abuse of process will be warranted (R. v. O'Connor, [1995] 4 S.C.R. 411, at para. 68).

The claim for abuse of process was not made out on the facts of the case.

In an admiralty action in rem and in personam, Lakeland Bank v. Never E Nuff (Ship), 2016 FC 1096, the Federal Court dismissed the action in personam on a US mortgage, registered in New York State, against the mortgagor, a U.S.based former owner of a 38 - foot pleasure craft and against its innocent purchaser for value without notice in Canada and dismissed the purchaser's counterclaim for abuse of process, but ordered the return of a trailer and other personal items, which had been arrested in Canada with the pleasure craft, but were not covered by the mortgage.

On July 29, 2016, Justice Catherine J. Bruce in the British Columbia Supreme Court released her reasons for judgment in R v Nuttall, 2016 BCSC 1404 entering a stay of proceedings for abuse of process resulting from the conduct of the police in an undercover terrorism operation.

And in the criminal courts, the obvious sanction is to dismiss the prosecution for some abuse of process involving the defendant's human rights.

The class of cases where costs may be awarded against non-parties for abuse of process is not closed.

Six months into the trial, the accused applied under s. 24 (1) of the Charter to stay the proceedings for abuse of process.

For multi-track claimants, that was the bad news out of the Court of Appeal in Sowerby v Charlton [2005] EWCA Civ 1610, [2005] All ER (D) 343 (Dec), although some hope was held out for an abuse of process or obstruction argument in Stoke - on - Trent City Council v Walley [2006] EWCA Civ 1137, [2006] 4 All ER 1230, see 156 NLJ 7243, p 1520.

Successfully argued before the Human Rights Tribunal of Ontario that a human rights application filed against a retailer should be dismissed for abuse of process.

Alternatively, at any stage of the private prosecution, the conduct of the private prosecutor could be relied upon as the foundation for an abuse of process submission if the conduct causes unfairness or is unconscionable.

In criminal proceedings, it is well - established that a stay for abuse of process may arise either because it is no longer possible to have a fair trial (limb one); or because it offends the court's sense of justice and propriety to try the accused in the particular circumstances of the case (limb two), see R v Maxwell [2010] UKSC 48, [2011] 4 All ER 941, per Lord Dyson SCJ at [13].

Mann â $ «who had twice successfully defeated anti-SLAPP motions filed by the defendants â $ «then filed his own anti-SLAPP motion against Steyn's counterclaim, alleging that it failed to state a claim for abuse of process or malicious prosecution.

Dear Author counterclaimed for abuse of process.

Not exact matches

After the Court granted the Government's petition for leave to serve the summons, managing partner of Berns Weiss LLP and Coinbase customer Jeffrey K. Berns filed a motion challenging the summons, arguing that the IRS had no legitimate purpose in seeking the requested records, that enforcement of the summons would constitute an abuse of process, and that the categories of requested documents were overbroad.

In my view, it is an abuse of process, as that phrase is used in this setting, for Burnaby to be seeking here the relief it failed to obtain at the NEB and in the Federal Court of Appeal.

In addition to any other requirements or restrictions set forth in this Agreement, you shall not: (i) utilize the credit available on any Card to provide cash advances to Cardholders, (ii) submit any card transaction for processing that does not arise from your sale of goods or service to a buyer customer, (iii) act as a payment intermediary or aggregator or otherwise resell our services on behalf of any third party, (iv) send what you believe to be potentially fraudulent authorizations or fraudulent card transaction, or (v) use your Merchant Account or the Service in a manner that Visa, MasterCard, American Express, Discover or any other Payment Network reasonably believes to be an abuse of the Payment Network or a violation of Payment Network rules.

For some victims, forgiveness will be an ongoing process as they heal from the wounds of abuse.

your understanding of the change process is very simplistic, because your mind is not open, you specifically believe already in the traditional doctrines, Dogmas as shown in thousands of years of history evolves, and the need for input variables, meaning the diversity of religious belief is necessay because nature through his will is requiring this to happen, we are being educated by God in the events of history.In the past when there was no humans yet Gods will is directly manifisted in nature, with our coming and education through history, we gradually takes the responsibilty of implementing the will.Your complaint on your perception of abuse is just part of the complex process of educating us through experience.

Peter Saunders, from National Association for People Abused in Childhood claims victims wants to see a more transparent selection process put in place ahead of any newly proposed statutory inquiry.

(4) There is no evidence to date for a basic biological process that predisposes an individual toward abuse of alcohol.

Even though alcoholism ranks as one of the country's three major health problems, along with cancer and heart disease; even though it accounts for approximately 98,000 deaths every year; even though it is the root cause of most pastoral - care crises (suicides, auto fatalities, child abuse, divorces, hospital admissions, accidental deaths and home violence); even though it costs the nation $ 120 billion annually in terms of lost work time, health and welfare benefits, property damage, medical expenses, insurance and lost wages; and even though its effects impair the educational process of every child in every classroom, still the church acts as though alcoholism does not exist.

It was referred to the Congregation for the Doctrine of the Faith (CDF) in 1996, not because of the paedophilia involved which was not the CDF's responsibility but because of its role in overseeing the legality of processes involving abuse of the confessional seal and laicisation.

Fans of other clubs rally behind ther players to give them confidence and self belief while Arsenal fans target their players for abuse killing their self belief in the process.

Felt exactly the same way, maybe not like crying but certainly frustrated seeing how other clubs acquire our players and make them fit perfectly on their game, Jenk and Song covering the back and well now feel like crying, FAB leader in assists commanding the Midfield and responsible for Chelsea being on top of the league, meantime let's face it, lately our players are running on the pitch like wild geese with no clear tactics, abusing this tiki taka BS, running thru the middle like rams with no clear options, getting injured in the process and we all know why and who is responsible, enough said...

It would be easy to dismiss the naked experimentation as exhibitionism, but I'm sure some riders may have been struggling with their body image or health concerns; for some it may have been a healing process from being bullied, targeted, or abused; and perhaps others simply wanted to walk through the wall of a conventional boundary.

Lawmakers on Tuesday will begin the public interview process for potential replacements for disgraced former Attorney General Eric Schneiderman, who resigned Monday amid allegations of domestic violence and drug abuse.

A member of the Central Park Five blasted Trump for hypocrisy after he demanded «due process» — apparently for powerful men accused of domestic abuse and sexual misconduct.

Or that the creed of a governor installed by law, on due process, is to push for self - help, over and above due process, using his exalted office as abused collateral?

He also argued that it was an abuse of court process for the interested parties to have similar motions pending before the court and the Court of Appeal simultaneously.

With its fragmented supply chains, opaque procurement processes and high demand for migrant labour, the construction sector faces a unique set of challenges in tackling human rights abuses.

amending the Convention to include the principles of subsidiarity and the margin of appreciation; amending the Convention to tighten the admissibility criteria - so that trivial cases can be thrown out and the focus of the Court can be serious abuses; reducing the time limit for claims from six months to four improving the selection process for judges; setting out a roadmap for further reform.

They failed to agree on a bill that would increase the statute of limitations for victims of child sex abuse, and did nothing to change procurement processes after a bid - rigging scandal that ensnared top Cuomo aides.

The Minister insisted that she has absolutely nothing to do with the issue noting that it is an abuse of public office, the judicial process and her human rights for Governor Oshiomhole whom she stopped from taking a «highly suspicious N15 billion loan'to make false allegations against her while hiding behind the constitutional immunity granted state governors.

The Majority Leader had argued that, the motion calling for the special sitting and an ad - hoc committee, was not properly done and thus constitutes a «gross abuse of the processes of the House,» a claim Haruna Iddrisu vehemently rejected.

«It is an abuse of public office, the judicial process and her human rights for governor Oshiomhole, whom she stopped from taking a highly suspicious N15 billion loan, to make false allegations against her while hiding behind the constitutional immunity granted state governors,» read the statement.

Summing up last night, coroner Oliver Davison told the inquest of her «concerns» about «the process for gathering and recording information from victims of anti-social abuse».

«An appeal I have to make is that it is necessary for all levels of government to maintain some level of respect and civility one to the other, and as we start now the process of reconstructing relationships and consultations, there should be what I will call a ceasefire in terms of the kind of abuse that is used all round on one institution of government or the other, even principal parties of these institutions..

But in a statement from the Nigerian Wailers signed by its Deputy National Publicity Secretary, Mr Fasipe Oluyemi, the group has called on the good people of Nigeria to come out en mass for a protest (#OccupyCBN) to stop this impunity of the Fraudulent Forex Trading, Round Tripping and racketeering going on in the Central Bank of Nigeria aided by its Governor, Mr. Godwin Emefiele and bring to an end the Manipulation of Forex, illegally funding Federal Government budget, short - changing the Money Deposit Bank's reserve ratio at the expense of the Masses as the abuse of internal process.

«Filing two different motions for bail for the same accused person in the same court is an abuse of court process hence I could not respond to any of the motions.

Many say people beleive you should «never kick a man when he's down» - but I'd make an exception for Nick Clegg - a good dinosaur stomping seems entirely appropriate for someone who has systematically abused the democratic process to inflict policies that only a tiny minority of his own party support, let alone the electorate.

With just three scheduled days left in the legislative session and the corruption trial of several close associates of Governor Andrew Cuomo for their roles in a bid - rigging scandal scheduled to commence in October, the Legislature has yet to pass any meaningful legislation to prevent such abuses of the procurement process.

The Majority Leader had argued that, the motion calling for the special sitting and an ad - hoc committee, was not properly done and thus constituted a «gross abuse of the processes of the House,» a claim Haruna Iddrisu vehemently rejected.

«In the premises I believe that the application for stay of proceedings is frivolous, vexatious and an abuse of the process of the Court and ought to be refused,» Amidu added in his affidavit.

McKinnon's lawyers had argued that sending him to the US would breach his human rights, be an abuse of the English court process and should be barred as his extradition was sought «for the purpose of prosecuting him on account of his nationality or political opinions».

Unlike drugs of abuse, food is necessary for survival, and some individuals can habitually consume large amounts of high - GI (and high - calorie, highly processed) food products with no apparent adverse physical or psychological consequences.

Articles related to all forms of addiction, using the Inner Bonding process as the foundation for recovery from substance abuse and addiction and process addictions - such as gambling addiction, work addiction, spending addiction TV addiction, video games and Internet addiction.

The verification process is driven by an algorithm that takes into account behavior like what % of a user's conversations are two - way, if a user has ever been reported for spam or abuse, or how likely a user is to follow up on conversations.

This is a well laid out page that explains to you some of the things they do to protect your online safety — for example, they have a reporting process to report any abuse by other members and even have a special button you can click to quickly report potentially abusive behavior.

«It's interesting to note the high percentage of people who say they would have reported the abuse had they known how to, or if the process was simpler,» Lee Langford, research director for telecoms, media, technology and entertainment at Harris Interactive, said.