Sentences with phrase «granting leave to»

[1] The moving party, Amnesty International («Amnesty»), brings this motion for an Order granting it leave to intervene in three related actions brought by the individual plaintiffs, Mayan Q'eqchi» individuals from Guatemala, who claim alleged human rights abuses committed against them by the subsidiaries of Canadian mining companies.

Furthermore, the Court concluded that «such a process would be impractical, unnecessarily cumbersome and inefficient and in contradiction to the spirit of Rule 1.04» of the Ontario Rules of Civil Procedure and the Court therefore exercised its discretion under that rule to make an order granting leave to the Defendant to examine the Plaintiff's wife for discovery.

Once that threshold has been met and a person has been shown to have information relevant to a material issue in the action, the Court shall not make an order granting leave to examine a non-party unless it is satisfied that (subrule 31.10 (2)-RRB-:

If the appellant did not have an automatic right of appeal but was given leave to appeal, he or she must serve you with a notice of appeal in Form 1a within 10 days after the date of the order granting leave to appeal.

A party wishing to examine a non-party must seek leave of the Court for an order granting leave to examine the non-party, which order shall not be granted unless the person has information relevant to a material issue in the action, the moving party has been unable to obtain the information from the party to the action, it would be unfair to require the moving party to proceed to trial without the opportunity to examine the non-party and the examination will not unduly delay the commencement of the trial, entail unreasonable expense for other parties or result in unfairness to the person the moving party seeks to examine.

In certifying the action as a class proceeding and granting leave to pursue a s. 138 claim, Belobaba J. focused on two aspects integral to asserting the statutory cause of action: the test for leave to pursue such a proceeding, and the requirement under the Class Proceedings Act, S.O. 1992, c. 6, that the pleadings disclose a cause of action.

The Plaintiffs brought a motion for an order granting leave to add additional defendants to the action.

The respondent then brought a successful motion pursuant to r. 12.07 for the order that is the subject of this appeal, granting her leave to amend her statement of claim to add the individual appellants as representatives of all the members of Local 773.

Earlier this year, BCNET Networking Society (BCNET) successfully appeals an order granting leave to appeal an arbitrator's award and varying the award.

Following an application for judicial review in the Court of Queen's Bench, and subsequent appeal to the Appeals Committee, Prairie Valley further appeals (pursuant to an order of Ottenbreit J.A. granting leave to appeal).

(Update February 9, 2012 — the below decision is under appeal with the BCCA granting leave to appeal on February 9, 2012)

S - Net Freight (HK) Ltd v Namsung Shipping Co Ltd: application to set aside order granting leave to serve writ out of the jurisdiction.

The public interest in granting leave to appeal in the first category of case described above is obvious.

As Justice Miller states, the «general rule is that decisions refusing or granting leave to appeal are not appealable».

Justice Harvison Young presided over the current matter, and indicated in her decision that the test for granting leave to appeal is strict and not easily met.

However, the Court of Appeal concluded that this factor alone was insufficient to warrant granting leave to appeal.

In granting leave to appeal, Kent J. adopted a modified form of the process set out in the court's practice directive governing small claims appeals.

The corporate client shall, within 30 days after being served with the order removing the lawyer from the record, appoint a new lawyer of record by serving a notice under subrule 15.03 (2); or obtain and serve an order under subrule 15.01 (2) granting it leave to be represented by a person other than a lawyer.

The record means the aggregate of papers relating to an appeal proper (including the pleadings, proceedings, evidence, judgments and order granting leave to appeal) to be laid before Her Majesty in council on the hearing of the appeal.

That is the question the Supreme Court of Canada will decide after granting leave to appeal from the decision of the Ontario Court of Appeal in Pro Swing Inc. v.... [more] Full article

Such an exercise raises a question of mixed fact and law, and therefore, the Court of Appeal erred in granting leave to appeal.

DSS besieged Dasuki's residence on November 3 after the court ordered that his passport be released granting him the leave to travel abroad for medical treatment.

From the Full Story [The new complaint states that Breyer was promoted at least once while stationed at the Auschwitz II - Birkenau, and granted leave to visit his German hometown twice, once in April 1944 and another time in January 1945.

Tottenham manager Mauricio Pochettino says the club do not know when Emmanuel Adebayor will return after the 30 - year - old striker was granted leave to fly to Togo on a personal matter --(London Evening Standard)

The Federal High Court had granted leave to Adams to serve Akeredolu through substituted service the documents of the suit Adams had filed against Akeredolu.

«He granted us leave to appeal because he understands that if we are to send young people into operational environments then we have to have clarity and stability about the legal circumstances in which they go.»

Of these, 19,000 asylum seekers have been granted leave to remain and 17,000 cases were closed due to duplicate or incorrect records, leaving 16,000 deportations.

In 1996, prior to the abolition, 21,000 people were granted leave to enter the UK on a spouse visa.

An FCT High Court sitting in Jabi on Thursday granted leave to the Inspector - General of Police (IGP), Ibrahim Idris to appeal a ruling on...

Supporters of Phil Woolas are confident that he will now be granted leave to seek judicial review, with an expedited hearing expected to be held early next week, Uncut has learned.

If the case is granted leave to the SCC, it will likely be the final word in Canada on the duty of care owed to a potential child by a physician.

The judge at first instance granted her leave to remove and the father appealed.

LEGITIMATE EXPECTATION In a series of recent cases the courts have grappled with issues of legitimate expectation as they relate to people granted leave to live and work in the UK under the highly skilled migrant programme (HSMP).

On appeal, the Edmonton Public School Board was granted leave to make submissions as an intervener, as its collective agreement for teachers had preserved a right of subrogation in the School Board's favour when it paid out wage benefits to those unable to work due to motor vehicle accidents.

In an unrelated matter, the SCC has also granted leave to appeal in a slew of intellectual property cases in which a Quebec artist is suing several broadcasting companies for copyright infringement for allegedly copying his character sketches.

[M] aybe divisions of appellate courts think that if they ignore their own precedents they won't get called on this by their colleagues, especially if a judge on the appellate panel was part of the panel deciding the precedents; or there's nobody outside the court (who might matter) to to complain because it's an appellate court of final resort; or it's an inferior appellate court but the panel has good reason to believe the final appellate court won't grant leave to appeal.Whatever the reason, such judicial conduct unacceptable.

In P (A Child)[2007] EWCA (Civ 1265, [2007] All ER (D) 475 (Nov)-RRB-, a parent's appeal against the refusal to grant leave to oppose an adoption order was dismissed by the Court of Appeal, despite the parents having been assessed fit to care for their second child and those of a previous relationship of the father.

The mother was granted leave to revoke these placement orders, as she had shown a change in circumstances by her cessation of substance and alcohol abuse, part - time employment, domestic violence and HIV counseling, a clean, tidy house and a new non-violent partner.

The Crown sought and was granted leave to appeal to the Supreme Court.

As a consequence, I do not think the court could dispense with the filing of any trial certificate, but could only grant leave to file it less than 14 days before trial.

West Coast LEAF and the BCCPD were granted leave to intervene, but the Trial Lawyers Association was not.

The judge who granted leave to appeal acknowledged the decision's «importance to the profession, as well as to the administration of justice generally», and described the core issue raised by the decision to be whether «pre-approval to use discovery evidence under one of the exceptions contained in [Rule 30.1] is or is not required»: S.C. v. N.S., 2017 ONSC 2601 at para. 8.

This week, West Coast LEAF was granted leave to intervene in two cases that will impact the security and safety of women in BC.

Eric Metcalfe acted for the Office of the Children's Commissioner which was granted leave to intervene in support of the Public Law Project's case.

The Moores were granted leave to appeal to the Supreme Court of Canada.

COPOH has been granted leave to intervene in cases before the Supreme Court of Canada.

These appeals considered whether the requirement that an applicant who formed a relationship with a British citizen whilst in the UK unlawfully must demonstrate «insurmountable obstacles» to be granted leave to remain in the UK under the Immigration Rules is compliant with the ECHR, art 8.

West Coast LEAF has been granted leave to intervene in a case that has potential ramifications for all marginalized groups that may need human rights protections.

- As to a change in value within a relatively short time owing to natural processes of price fluctuation, she said the court should not manipulate the power to grant leave to appeal out of time to provide a disguised power of variation.

The Supreme Court of Canada will have to answer that question in the case of Re: Sound v. Motion Picture Theatre Association of Canada after it was granted leave to appeal with costs.