Sentences with phrase «inherent jurisdiction over»

Accordingly, the plaintiffs seek to have the church properties turned over to their congregations pursuant to the exercise of this Court's inherent jurisdiction over trusts and charities.

In general, Canadian courts adjudicate on conflicts of interest in the course of exercising their inherent jurisdiction over the court's processes and in administering civil actions for breach of fiduciary duty.

In exercising its inherent jurisdiction over its own processes courts routinely assess the conduct of counsel.

The provincial «superior» courts have inherent jurisdiction over all causes of action that have not been explicitly provided elsewhere.

Not exact matches

... «Superior Court» is to be construed historically, and that... it connotes a court having an inherent jurisdiction, in England, to administer justice according to the law, as and being a part of, or descended from, and as exercising part of the power of, the Aula Regia, established by William the First, which had universal jurisdiction in all matters of right and wrong throughout the kingdom, and over which, in its early days, the King presided in person.

It balances recognition of the inherent rights of a coastal state over its continental shelf with the interest of the international community in defining the limits of seabed beyond national jurisdiction, where the mineral resources are the common heritage of mankind and are administered through the International Seabed Authority.

83 The inherent jurisdiction of a superior court to stay proceedings as a measure of control over the judicial process was affirmed in R. v. Jewitt, [1985] 2 S.C.R. 128 (S.C.C.).

A criminal court also has inherent jurisdiction to ensure a fair trial and, in the event of a dispute over the justification for a redaction, a judge can always review the material if he or she considers it appropriate.

She then went on to find that there was not statutory jurisdiction or legislation permitting the court to enable that transfer and that, «It may be open to the Supreme Court to assume jurisdiction over the matter, given that they have inherent jurisdiction and parens patriae jurisdiction, but that is a decision that must be made by the Supreme Court.»

The B.C.S.C. granted a worldwide injunction against Google, finding it had territorial competence over Google and it possessed an inherent jurisdiction to maintain the rule of law and protect its processes, which in appropriate circumstances may include an injunction against non-parties.

The report noted this review could be administered either by a statutory appeal provision in the tribunal's governing legislation or via the inherent jurisdiction of a superior court to engage in judicial review, but the report advocated more strongly for the statutory appeal over judicial review because: (1) the basis of the statutory appeal could be wider in scope and in remedies than judicial review; (2) the statutory appeal mechanism could be crafted to the unique characteristics of the impugned tribunal and direct the appeal to a particular level of court; and (3) the appeal would be less costly and more expeditious than judicial review.

Relying on its inherent supervisory jurisdiction over a receiver's requests for payment, and placing the onus for proving fees as reasonable (including the compensation claimed by its counsel) squarely on the receiver, the ONCA dismissed the appeal, emphasizing that fairness and reasonableness are the lynchpins of the analysis of the fees of a receiver and its counsel.

A quick review of CSIC information tells you that it has a professional code, education requirements, and a myriad of regulatory best practices at hand — but what more can it do when it's inherent structure lacks jurisdiction over practitioners who are not registered.

The Court began by noting the courts» inherent jurisdiction and supervisory power over the conduct of litigation.