Sentences with phrase «improper purpose»

For the second law firm the answer is to be alert to any indication that its legal services are being used for improper purposes.

It is sufficient if they show a bona fide claim, i.e. that they really do intend to bring an action for infringement of copyright based upon the information they obtain, and that there is no other improper purpose for seeking the identity of these persons.

identity fraud (revised Code section 403)-: - fraudulently personating another person for various improper purposes.

The anti-SLAPP provisions do have considerable utility in dismissing claims brought for improper purposes, but it is surely not improper to have all defences to an action properly assessed rather than applied summarily.

The key phrase «high crimes and misdemeanors» has been defined by Congress through the years to include exceeding or abusing the powers of the presidency or misusing the office for improper purpose or gain.

Instead, the code says that employees «are expected to be vigilant in ensuring» that company money isn't used for illegal or improper purposes.

The company insists that «sock - puppetry» — creating a fake online identity for an «improper purpose or to mislead others» — is not permitted under Wikipedia guidelines.

If you believe that any user of this Website is harassing you or is otherwise using personal information about you for unlawful purposes, we encourage you to first inform local law enforcement authorities and then to contact us via The Feedback Form so that we may take appropriate action to block further use of the Website by any user who is using this Website and information obtained from it for improper purposes.

The monthly fee is a way of screening out applications that seem fraudulent or are on the site for an improper purpose.

Although under some laws HBO may have a right to an award of attorneys» fees and expenses if it prevails in an arbitration, HBO agrees that it will seek such an award only in the event that the substance of your claim or the relief sought has been deemed by the arbitrator to be frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11 (b)-RRB-.

by Todd Shepherd Washington Beacon Judge questions if lawsuits were brought «for an improper purpose» A state judge in Texas has left the door open for ExxonMobil to seek deposition testimony from many of the key players who are the driving force behind climate change lawsuits from local governments like San Francisco, Oakland, and New -LSB-...]

Under the anti-SLAPP provisions of the Courts of Justice Act, s. 137.1 subsection 9 allows the court to award damages if the judge finds the plaintiff brought the proceeding in bad faith or for improper purpose.

The Appellants argued that the contents of this cable indicated that the decision about the MPA was undertaken for the improper purpose of preventing the Islanders return to the Chagos Islands.

«Justice [Thomas] Lederer found that the action was brought for an improper purpose based on the fact our client apologized and was sued anyway, and their conduct throughout the litigation with all the interlocutory motions showed there was improper purpose,» says Callaway.

The Supreme Court has decided in Bancoult (No 3), by 5 - 2, that a government decision about the Chagos Islands was not made for an improper purpose.

[40] With respect to contrary opinion, it is no answer to non-compliance with Rule 26 to argue that the pain journal was not used for an improper purpose at trial, or that the defence chose to cross-examine on its contents.

The plaintiff will also have to demonstrate that the prosecutor was acting for a malicious or «improper purpose».

The counterclaim by Skurka alleges that Jacobson is using the professional negligence action for an improper purpose.

The error in judgment was made in trying to complete the project promptly and while his motivation might also have been to look good in his employer's eyes it was certainly not done for an ulterior or improper purpose or for a dishonest purpose.

However, the Internet is an open system and we can not guarantee that unauthorised third parties will never be able to defeat those measures or use your personal information for improper purposes.

Schlosser, however, found that the identity of the source should be disclosed as it could be central to Stringam Denecky's case against Sun Media, as it could prove or disprove the firm's claim of malice, recklessness or improper purpose.

And to be clear, I'm not advocating that lawyers violate their ethical obligations by filing motions to compel for an improper purpose.

We also recommend measures to prevent the union from obtaining the list just by applying for it when it has no entitlement to it, and penalties if the union uses the list for improper purposes.»

Damages could also be awarded in cases where a judge determines that a proceeding was started in bad faith or for an improper purpose.

Damages 10 If, in dismissing a proceeding under this section, the judge finds that the responding party brought the proceeding in bad faith or for an improper purpose, the judge may award the moving party such damages as the judge considers appropriate Relief under this Act is in addition to other available relief 11 Nothing in this Act limits or restricts the rights available to a plaintiff of defendant under any Act or any rule of any court.

Mr. Justice Wong found that I had failed to prove on a balance of probabilities that the lawsuit had been brought for an improper purpose and ruled that he was bound by the Court's earlier finding that there was a strong prima facie case against me.

Rather, punitive damages should remain an option for a judge when satisfied the lawsuit was brought with an improper purpose.

Under this bill, damages would be available only where a defendant (applicant) was both successful on the motion to dismiss (having proven the claim was brought with an improper purpose) and successful at persuading the judge the plaintiff's conduct met an even higher threshold of malfeasance.

[48] The court did confirm, however, an HPRB exercise of discretion will be patently unreasonable if it is (a) exercised arbitrarily or in bad faith, (b) exercised for an improper purpose, (c) based entirely or predominantly on irrelevant factors, or (d) fails to take statutory requirements into account.

I am hoping that the court «s role in this case will strike at the very existence of an absolute immunity under two guiding principles: equality under the law (especially when the alleged wrong has been committed by a person who should be held to the highest standards of conduct in exercising a public trust; and any infringement of the Canadian Charter of Rights and Freedoms constitutes «improper purpose» aimed at gaining a private collateral advantage.

Personal information was not released to anyone or used for any improper purpose.

In addition, if the arbitrator, at the request of the winning party, finds that the losing party brought a claim or asserted a defense frivolously or for an improper purpose, then regardless of the amount in dispute, the arbitrator must order the losing party to pay both sides» arbitration fees and may order the losing party to pay the winning party's reasonable attorneys» fees, unless such an award of fees is prohibited by applicable law.

For example, the impact of costs on access - to - justice explains why a review body like the Health Professions Review Board does not have costs «follow the event,» such that it will award costs only «in exceptional circumstances» such where a review is commenced in «bad faith» or «for an improper purpose».

The stated purpose of the law was to «encourage public participation, and dissuade persons from bringing or maintaining proceedings or claims for an improper purpose.»

[2] Richard Wilson, an employee of the Bank, has admitted to providing private and confidential information of Bank customers to his girlfriend, who then disseminated the private information to third parties for fraudulent and improper purposes.

It should be noted that the Supreme Court has given permission to appeal in Bancoult No 3 — in a challenge surrounding whether the Marine Protection Zone created around the Chagos Islands was created for the improper purpose of ensuring that the Chagossians would not be able to return.

Given these were the first reviews by the Board, and no improper purpose or bad faith by the complainant, the Board did not award costs.

After reaching the conclusion that plaintiffs» contractual interpretation position was not frivolous in nature, it was no far stretch to conclude the claim was not brought for an improper purpose under section 128.5.

This decision does establish that a failure to show frivolity means there was a failure to show an improper purpose, with the appellate court adjudicating this issue de novo (as opposed to the more deferential abuse of discretion standard which is generally hard to surmount on appeal).

The court confirmed that s. 58 of the Administrative Tribunals Act applied to the HPRB, such that a court would not interfere with findings of fact or law, or an exercise of discretion by the HPRB, unless patently unreasonable, e.g., where discretion is exercised arbitrarily or in bad faith, for an improper purpose, based on entirely or predominantly irrelevant factors, or fails to account for statutory requirements.

The Court of Appeal dismissed the appeal and upheld the Registrar's decision that the request was invalid and for an improper purpose (though their reasoning as to why the purpose was improper differed).

(c) the other User's expenses or other costs that were directly related to a User's behaviour during the Tribunal process that was unreasonable or for an improper purpose, or that caused an unreasonable delay.

in all material respects, and were instituted only for «the improper purpose of forcing JHSMH to offer a monetary settlement in the face of false and adverse publicity.?