Sentences with phrase «granted declaratory»

Barton said in addition to a small $ 10,000 monetary award limited by statute, Rothe was granted declaratory relief finding that the law was unconstitutional.

«The Supreme Court has jurisdiction to grant declaratory relief, and in this particular case the Supreme Court held the patent to be invalid.

As to the remedy to be granted, Liberty had argued that the court should go further than simply granting declaratory relief, and disapply the current legislation.

(2) Should the Court of Appeal exercise its inherent jurisdiction to grant declaratory relief in this case?

Not exact matches

«Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer's judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable.»

The Ontario Court of Appeal did not agree: Rouleau J.A. overturned the lower court decision, granted Mr. Figueiras declaratory relief, and awarded costs in the amount of $ 5,000.00.

The sons» cross-appeal was also dismissed, with the ONCA finding that the motion judge's order effectively granted the relief they sought, even if the exact language of the motion judge's order was not precisely the declaratory language sought by the sons.

In the exercise of this Court's discretionary power to grant or withhold the declaratory judgment remedy, it is of controlling significance that it is in the public interest to avoid the needless determination of constitutional questions and the needless obstruction to the domestic policy of the states by forestalling state action in construing and applying its own statutes.»

Court of Queen's Bench of Alberta: Traffic Safety Act held to be in operational conflict with Bankruptcy and Insolvency Act: declaratory relief granted to Respondent; suspensions of driving privileges for non-payment of discharged judgment debt stayed.

Quebec Superior Court: motion for order to rectify books and records and for declaratory judgment granted.

The trial judge granted the BCTF declaratory relief plus $ 2 million in Charter damages; the Court of Appeal for British Columbia allowed the appeal but set aside the damages award.

The court dismissed the defamation claim, but did grant Dr. Wang declaratory relief.

The circuit court granted the Board's request for declaratory relief.