the beneficiary
gave notice of the application to the personal representatives and any other beneficiaries;
This system has been put in place by the Provincial Court of Alberta in order to provide a means of
giving notice of any application for a publication ban or an Order which would restrict the ability of the media to report on court proceedings.
(i) has made reasonable efforts to cause the personal representative to commence or defend the proceeding, (ii) has
given notice of the application for leave to
(2) The applicable Rules of Court may make provision for a debtor subject to a personal insolvency agreement who becomes a party to a proceeding for an application under section 74, 78, 79 or 79A to
give notice of the application to the trustee of the agreement.
(1) The applicable Rules of Court may make provision for a bankrupt who becomes a party to a proceeding for an application under section 74, 78, 79 or 79A to
give notice of the application to the bankruptcy trustee.
Not exact matches
The squeeze - out
of the minority shareholders can be completed at the end
of six weeks from the date the
notice has been
given, subject to the minority shareholders failing to successfully lodge an
application to the court to prevent such squeeze - out any time prior to the end
of those six weeks following which the offeror can execute a transfer
of the outstanding shares in its favor and pay the consideration to us, which would hold the consideration on trust for the outstanding minority shareholders.
If the Electoral Commission refuses an
application to register the logo
of a political party, the Electoral Commission must, as soon as is reasonably practicable, and in any case not later than 10 working days after the date
of refusal,
give the applicant written
notice of --
Requires local school boards to
give at least 14 days»
notice of intent to receive public comment on a charter school
application.
Adding a
notice of correction will mean that your
application is read by a person and not just
given a computer score.
If one
of your members wants to both claim a deduction for personal contributions paid to your super fund and split all or part
of these contributions with their spouse, the member must
give you a
Notice of intent to claim or vary a deduction for personal super contributions before, or at the same time as, they lodge their super contributions splitting
application.
There have been reports
of application site reactions (hair loss, dermatitis, swelling, redness), salivation, scratching, lethargy, vomiting, diarrhea, dehydration, staggering, loss
of appetite, facial swelling, seizures, twitching and death If your pet shows any
of the above symptoms, or you
notice anything else unusual, contact your veterinarian Can this drug be
given with other drugs?
Whether proper
notice has been
given of the
application to adduce evidence and the substance
of the evidence to be adduced;
65 (1) If a trade union fails to
give the employer
notice under section 16 within 60 days following certification or if it fails to
give notice under section 59 and no such
notice is
given by the employer, the Board may, upon the
application of the employer or
of any
of the employees in the bargaining unit, and with or without a representation vote, declare that the trade union no longer represents the employees in the bargaining unit.
(2) Where
notice has been
given under section 59 and the Minister has appointed a conciliation officer or a mediator, no
application for certification
of a bargaining agent
of any
of the employees in the bargaining units as defined in the collective agreement and no
application for a declaration that the trade union that was a party to the collective agreement no longer represents the employees in the bargaining unit as defined in the agreement shall be made after the date when the agreement ceased to operate or the date when the Minister appointed a conciliation officer or a mediator, whichever is later, unless following the appointment
of a conciliation officer or a mediator, if no collective agreement has been made,
In R (a child)(special guardianship order)[2006] EWCA Civ 1748, [2006] All ER (D) 299 (Dec) it held that where leave to apply is required, leave must be obtained before the applicant can make the substantive
application or
give the local authority
notice of the intention to apply.
The recent case
of Iman Said Abdul Aziz Al - Rawas v Pegasus Energy Limited [2008] EWHC 617 (QB), [2008] All ER (D) 102 (Apr) is an interesting example
of how that compensation is calculated and how the failure by an applicant to
give full and frank disclosure in a without
notice application can affect the assessment
of damages.
[20] I am satisfied on the evidence before me, particularly
given the attitude demonstrated by Mr. Mitchell in his communications with Mr. Nazerali, that requiring the plaintiff to
give notice to the respondents
of this
application would likely render the relief he seeks ineffective, and that it is appropriate in the circumstances for this
application to be heard without
notice.
However, after yet another inspection, an employee
of the health authority made an
application to a magistrate under what is now s 20
of the Care Standards Act 2000 (CSA 2000) for an immediate order for the cancellation
of the registration without
giving the proprietors any
notice.
Where a creditor's
application with
notice to register a judgment in Alberta is successful, the judgment is
of the same force and effect as if as if it had been a judgment
given originally in the Alberta Court
of Queen's Bench on the date
of the registration and is valid for ten years from that date.
(1) This section applies to a claim for a medical or rehabilitation benefit or an
application for approval
of an assessment or examination under section 38 if the insurer
gives the insured person a
notice informing the insured person that the insurer will pay the expenses without the submission
of a treatment and assessment plan under that section.
(2) If the insurer refuses to pay a benefit referred to in subsection (1), the insurer shall
give the person a
notice of the refusal and the medical and any other reasons for the refusal within 30 days after the insurer receives the
application for the benefit.
The judge disposed
of the
application by refusing summary judgment and, without
notice, effectively
giving summary judgment to the defendant and throwing out the specific performance claim.
There are also two general rules that apply to such scenarios: 1) retroactive child support extends back three years from the date the paying spouse is
given notice (for example by the fact that an
application for an adjustment to support is launched with the court), unless there has been blameworthy conduct; and 2) the child must be a «child
of the marriage» — and therefore eligible to receive support — at the time the
application is made.
(4) A lawyer or other representative who acts for the insured person in respect
of the
application or in respect
of any civil proceeding arising from the accident shall, at the time the
application is submitted,
give the insurer and the insured person written
notice disclosing any conflict
of interest that the lawyer or other representative has relating to the treatment plan.
(9) Section 40, as it read on February 28, 2006, continues to apply to an
application for a determination
of whether an insured person has a catastrophic impairment if, under subsection 40 (2), as it read on February 28, 2006, the insurer
gave or was required to
give the insured person, before March 1, 2006, a
notice under subsection 40 (2), as it read on February 28, 2006, requiring the insured person to be assessed by a designated assessment centre.
If it was not made against the insured during the policy period, then the insurer can disclaim coverage for that reason alone, regardless
of when the insured
gave notice.1 If the claim was made during the policy period but the insured
gave notice after the expiration
of the requisite time frame for
notice under the policy, then the ability to disclaim coverage will turn on whether the
notice provisions are conditions precedent or covenants.2 This principle applies regardless
of whether the policy is a claims - made or a claims - made - and - reported and reported.3 If the
notice provisions are covenants, then late
notice constitutes a breach
of the policy by the insured, triggering
application of Md..
(10) Despite subsections (1) to (9), if a designated assessment
of an insured person can not be conducted or completed on or after March 1, 2006 because there is no designated assessment centre that satisfies the requirements
of section 53, the insurer may
give the insured person
notice under subsection 42 (4), as it reads after February 28, 2006, requiring the insured person to be examined under section 42 in respect
of the claim or
application, instead
of being assessed by a designated assessment centre, and the provisions
of this Regulation, as they read after February 28, 2006, apply in respect
of the disposition
of the claim or
application after the
notice is
given.
(3) A lawyer or other representative who acts for the insured person in respect
of the
application for a benefit or in respect
of any civil proceeding arising from the accident shall, at the time the treatment confirmation form is submitted,
give the insurer and the insured person written
notice disclosing any conflict
of interest that the lawyer or representative has relating to the claim for benefits.
(2) If the insurer refuses to pay a benefit referred to in subsection (1), the insurer shall
give the person
notice of the reasons for the refusal within 30 days after the insurer receives the
application for the benefit.
In the case
of a
notice under paragraph 1
of subsection (8), the insurer shall pay for all goods and services provided under the treatment plan that relate to the period starting on the 11th business day after the day the insurer received the
application and ending on the day the insurer
gives the
notice described in paragraph 1
of subsection (8).
(6) Subsections 38.2 (8) and (13), as they read on February 28, 2006, and subsections 38.2 (9) to (12) and (14) to (16) apply in respect
of an
application for approval for an assessment or examination if, under subsection 38.2 (6), as it read on February 28, 2006, the insurer
gave or was required to
give the insured person, before March 1, 2006, a
notice under subsection 38.2 (6), as it read on February 28, 2006, requiring the insured person to be assessed by a designated assessment centre.
The Secretary
of State
gave notice that she intended to remove A from the UK before the date fixed for the hearing
of the judicial review
application.
(14) If, after
giving a
notice under subsection (6) in which the insurer agrees to pay for an assessment or examination, it comes to the insurer's attention that a person described in subsection (2) or (3) has a conflict
of interest relating to the assessment or examination, the insurer may
give the insured person
notice requiring the insured person, within five business days after receiving the
notice, to amend the
application so that no conflict
of interest will arise.
Specifically,
given that the Alberta Courts (unlike Ontario and British Columbia) had not provided any specific guidelines for
applications like this, preliminary issues such as appropriate
notice; jurisdiction; confidentiality; and sufficiency
of evidence needed to be addressed.
Pursuant to s. 44
of the Legal Profession Act, the Society
gives notice that an
application for partial closure
of this hearing may be heard on Monday, March 12 commencing at approximately 8:30 am.
In R (on the
application of Gina Miller and Ors) v The Secretary
of State for the European Union, the High Court, in a masterly exposition
of the principles
of constitutional law and statutory interpretation, held that the Secretary
of State did not have the power under the Crown's prerogative to
give notice under Article 50 and thereby begin the process under which the United Kingdom will leave the European Union.
Prior to the commencement
of the trial counsel, for the accused,
gave notice to the Crown that he would be bringing a Charter
application to exclude evidence
of the basis
of breaches
of the accused's Charter rights pursuant to Sections eight, nine, ten
of the Charter.
the fact that a defendant, by serving a defence in civil proceedings, would be
giving advance
notice of their defence in criminal proceedings, carries little weight in the context
of an
application for a stay
of civil proceedings;
Did A
give written
notice to R within 90 days
of receipt
of Completed
Application for Benefits?
The appropriate officer
of the court shall without delay bring to the
notice of the applicant the decision
given on the
application in accordance with the procedure laid down by the law
of the Member State
of enforcement.
283/95 has strict timelines: When an insurer receives a completed
application for accident benefits, it has 90 days from the date
of receipt to investigate priority and to
give a target insurer written
notice of the dispute, pursuant to section 3.
[8] This order required that a Respondent to an
application for Summary Judgment must be
given 4 clear days»
notice of the
application.
Although Mcdonald's
gives proper
notice of its intention to renew, the
Application Judge determines more is required.
[51] If a
notice of application does not contain the information now required under the Rules, the party filing it has failed to
give proper
notice — to the opposing party and to the court —
of the nature
of the
application.
8.4.4 If a party to an
application for permission to appeal dies and that party has no personal representative, immediate
notice of the death must be
given in writing to the Registrar and to the other parties.
72 Where an
application for a recount is refused by the judge,
notice of such refusal shall be
given forthwith by the clerk
of the court to those persons mentioned in section 69.
69
Notice in writing
of an
application to be made under subsection 71 (1) shall be
given forthwith by the applicant personally or sent by registered mail to the Chief Electoral Officer, the returning officer and election clerk, and each candidate in the electoral district.
Notably in making this holding, she referred to Crossely [2007] EWCA Civ 1491 where the pre-nuptial contract was regarded as a «magnetic», factor such that it could be
given effect to on the basis
of a
Notice to Show Cause
application.
The case stated asked whether, on an
application by a nominated successor for a direction under s 53
of AHA 1986 entitling her to a tenancy on the retirement
of the tenant, the nominated successor had to satisfy the livelihood condition in s 50 (2)(a) not only by reference to the seven years ending with the date
of the
giving of the retirement
notice, but also by reference to the seven years ending with the date
of the tribunal hearing.
An open issue in Canadian internet defamation law is whether courts should require that anonymous defendants be
given notice of, and an opportunity to oppose,
applications to compel the disclosure
of their identities by third parties...