Sentences with phrase «hearing of a preliminary issue»

The judge ruled on the hearing of a preliminary issue that the agreement by the solicitors to discharge a client's «remaining liability» under the loan agreement applied even though the loan agreement was unenforceable by virtue of CCA 1974.

Not exact matches

The City Council will hold a series of hearings on the mayor's preliminary budget and issue a response with policy recommendations, as well as expense and revenue proposals.

Hickey, who is credited with bringing the issue to light amid resistance from village officials, said he was shocked to hear that state health department officials were aware that the EPA had a preliminary warning of about 400 parts per trillion, but still assured Hoosick Falls residents that the water was safe even though multiple drinking water sources tested higher.

Tuesday's City Council schedule will include a meeting of the Committee on Juvenile Justice, jointly with the Committee on General Welfare and the Committee on Women's Issues for a preliminary budget hearing.

The City Council is set to begin hearings next week on Mayor Bill de Blasio's $ 88.67 billion preliminary budget proposal for fiscal year 2019, with a smaller but significant figure likely to become an issue of controversy in negotiations between the two sides of City Hall.

The City Council on Monday issued its formal response to Mayor Bill de Blasio's $ 82 billion preliminary budget for fiscal year 2017, capping a month of budget hearings that were fraught with concerns over how Governor Andrew Cuomo's proposed state budget would affect the city and how prepared the city's coffers are for a rainy day.

Richardson - Ruhan v Ruhan [2017] EWHC 2739 (Fam)(9 November 2017) Mostyn J — preliminary issue findings of fact before later hearing for disposition of assets.

With the support of the RCBA Board and the Barristers, the planning committee created a three - part program for its inaugural year that includes: (1) Legal Careers Day; (2) a mock preliminary hearing argued by a District Attorney and criminal defense attorney before Judge Bernard Schwartz; and (3) a «teach the class» series where guest attorney / judge lecturers will help prepare students for the AP Government exam by hosting discussions on various constitutional law issues.

Upon completion of these submissions, we reserved decision on these issues and heard the argument of the merits of the appeal so that we could dispose of the whole appeal without recalling the parties for argument should we decide that, notwithstanding the preliminary issues, the appeal should proceed.

Preliminary issues were heard, including (i) whether it could properly be said that the balloon flight involved the «carriage of a passenger», whether it was «for reward» by an «aircraft» within the meaning of the 1967 order; and (ii) whether, absent a claim brought within the two years provided for in Art 29 of the Rules, the right of action was extinguished.

Clearly if discrimination is being cloaked by the operation of the rule, there may conceivably be circumstances in which a preliminary issue hearing to determine whether or not the rule is in fact being used as a cloak for unambiguous impropriety should be necessary; but, as the law stands, those circumstances will be rare.

A preliminary issue was heard as to whether or not, at the relevant time, the defendant had been authorised by the Bar Council to «practise as a member of the profession whose members [it] regulates».

The claimant brought a preliminary issue hearing to resist this challenge, and argued that the insurer was bound by the findings of the CAT DAC.

For the purpose of the hearing on the preliminary issues, Buck was also appointed by the court to represent the interests of the scheme's beneficiaries (SAL's employees).

All parties and their representatives will be required to attend the case conference, at which all preliminary issues will be dealt with, settlement will be discussed, the type of hearing will be decided (if not decided already) and a hearing date will be set.

Agreement to limit scope of preliminary inquiry 536.5 Whether or not a hearing is held under section 536.4 in respect of a preliminary inquiry, the prosecutor and the accused may agree to limit the scope of the preliminary inquiry to specific issues.

The decision cited, then, is only with respect to the preliminary issue of whether Mr. Ljuboja would even get a hearing.

At the first day of the preliminary hearing at the Ontario Court of Justice in Scarborough, Lawyer John Navarrete met with the Crown Attorney to present various legal issues with the Crown's case including the fact that the search warrant was obtained only after police initially entered her apartment without one, that the Crown could not prove that the client had any knowledge of the firearm or drugs given where they were located in her apartment and the fact that there was another co-accused who resided there, and that the Crown could not prove that the firearm was functional since it had never been tested and no Firearms Expert Report had ever been provided.

This case involved a preliminary issue hearing to determine whether the claimant could proceed to arbitration when she refused to attend for an assessment of her attendant care needs.

This case involved a preliminary issue hearing to determine whether the claimant was precluded from advancing a claim for income replacement benefits under the SABS - 2010 because he had been driving with a suspended licence at the time of the accident.

A preliminary issue hearing was held to determine a number of issues, the main one being whether FSCO had jurisdiction to determine whether section 1.8.4 of the OAP 1 could relieve Unifund of its obligations to respond / adjust and pay benefits, pursuant to section 2.1 (6) of O. Reg.

Where issues of fact and law are complex and intermingled, it may well be more efficient to await the full hearing before ruling on the preliminary issue.

One would think that it would be in the general interest of the parties to address preliminary issues, such as disclosure, prior to a hearing.

Her recent notable decisions include Ismail v. Nitty's Food Services Limited, 2014 ONSC 4140, where she successfully opposed a plaintiff's motion to add further defendants to the action beyond the limitation period, and Chen and State Farm Mutual Automobile Insurance Company, FSCO A13 - 006689, where she successfully brought a preliminary issue hearing to dismiss an applicant's action as a result of his failure to attend insurer examinations.

The decision of Flaux J was given after a preliminary issue hearing on assumed facts as follows.

However the inmate's transfer occurred prior to the hearing of the appeal, raising as a preliminary matter the issue of mootness.

The instant hearing was concerned with preliminary issues as to (i) whether the action was statute barred and (ii) whether — on the assumption that the defendants were immune from suit in 1995 — they remained immune from suit in the light of the decision of the House of Lords in Hall v Simons.

Judge Simmonds QC heard argument on the preliminary issues of: whether a breach of ICTA 1988, s 561 (2) by HMRC would give rise to a cause of action for damages; if so, whether HMRC was in breach of s 561 (2) as alleged by the claimant; whether HMRC owed a common law duty of care to the claimant to process the application with reasonable expedition; and if so, whether there had been a breach of that duty of care as alleged by the claimant.