Sentences with phrase «injunction powers»

The latter contains typical equitable and injunction powers granted to the court.

Given our Court's recent willingness to take into account Charter rights in the development of common law protections in general, there is hope that freedom of expression and privacy will guide any application of this injunction power.

Not exact matches

«The court can make a worldwide freezing injunction, but it's worthless if there's no centralized power to administer it.»

Apple recently won an injunction against Samsung that could prevent the Korean company from selling its Galaxy tablet, powered by Google's Android, in the European Union.

The 7 - 2 decision (Justices Côté and Rowe dissented, finding that there were alternatives available, the order is ineffective, and expressing concern that the «temporary» injunction was effectively permanent) is not a surprise — last week's Facebook's decision suggested a willingness to side with the weaker Canadian litigant against Internet giants — but the decision will ultimately grant Google more power, not less.

He could categorically choose the way of antinomian libertinism (as did the Valentinians), in which case the pneumatic self acted as if it had «a positive injunction to perform every kind of action, with the idea of rendering to nature its own and thereby exhausting its powers.»

We can reject this and still find great truth and power in such injunctions as,

Imagine someone in the government with power to censor serious debate over the origins of life, and you will understand the power of the court injunction in the Louisiana disclaimer case.

If the Code is «prescribed», the ACCC would have powers to enforce the code, including the power to seek injunctions, corrective advertising, section 155 investigation notices, public warning notices, orders varying contract terms and random audit powers.

We have already said that we will give the police new powers, including new gang injunctions for young people and the right to remove face coverings, as well as considering new curfew powers.

I particularly enjoyed Jowell's comment that «Labour has cited Aneurin Bevan's injunction that «the purpose of getting power is to give it away» rather more frequently than we have practiced it,» as though New Labour had not after all been in many respects (devolution excepted) about the redistribution of power to unaccountable bodies and about the substitution of real individual power within the grasp of the citizen by its tawdry imitation.

One week after announcing they were exploring the option of requesting a judicial injunction, Assemblyman Ronald Castorina and Assemblywoman Nicole Malliotakis filed a brief against the city, arguing that expunging the files of the IDNYC program would violate the state's Freedom of Information Law — which explicitly forbids the destruction of documents «with intent to prevent public inspection» — and would overstep the city's legal powers.

On December 13, 2017, the Hiroshima High Court ordered a temporary injunction suspending operations at Shikoku Electric Power Company's Ikata NPP Unit 3.

Although a civil agency, their enforcement tools include civil penalties (fines), the power to go directly to federal court to freeze corporate and personal assets, obtain injunctions, and return money to victims.

But what if Parent Power groups, school choice activists, conservative legal organizations, and civil rights outfits push for a court injunction of the waiver effort?

The power of resentment, of guilt, of unwritten injunctions against everything, against life itself.

When the court ruled against Apple, it «issued a final injunction that requires Apple to retain the power to discount e-books for an extended period.

issued a final injunction that requires Apple to retain the power to discount e-books for an extended period.

Referencing South African writer Njabulo Ndebele's injunction to rediscover the power of the ordinary, this conversation focuses on Mathison's sculptural practice which shows us how the ordinary is intimately connected to and revealing of wider political circuits of labour and cultivation, of power, globalisation and migrancy.

The plaintiffs had asked the court for an injunction to block the ZECs, arguing the credit program is pre-empted by FERC's authority under the Federal Power Act.

The injunction — which freezes the mandate to reduce carbon pollution from the US power grid pending an appeals court ruling, presumably followed by an appeal to the high court — came on a 5 - 4 vote, just days before Justice Antonin Scalia's unexpected death roiled the national political climate.

And even if this Court were to issue a nationwide injunction against all fossil fuel production, such an order would not abate the alleged nuisance — though it would devastate the U.S. economy — because global warming is caused by global emissions that this Court has no power to enjoin.»

Lawyers for Shawn and Trish Drennan sent notice Monday to the Ontario government announcing they are seeking an injunction against expanding the Kingsbridge 2 wind farm near Goderich, Ont., by Alberta - based Capital Power.

The Copyright Designs and Patents Act 1988 (CDPA 1988) s 97A gives the High Court the power to grant an injunction against an ISP, which has actual knowledge of a third party using its service to infringe the rights of an IPR holder.

The following factors are considered in determining recognition and enforceability of a Alaska injunction: (a) are the terms of the order clear and specific enough to ensure that the defendant will know what is expected; (b) is the order limited in its scope and did the originating court retain the power to issue further orders; (c) is the enforcement the least burdensome remedy for the Canadian justice system; (d) is the Canadian litigant exposed to unforeseen obligations; (e) are any third parties affected by the order; and (f) will the use of judicial resources be consistent with what would be allowed for domestic litigants.

David Bedenham (led by Philip Coppel QC) acted for X&Y and ABC in this important appeal which has established that (1) HMRC do have power to grant interim approvals to traders pending appeal to the FTT against AWRS refusals and (2) the High Court can grant an injunction to a trader pending appeal to the FTT if the trader can show that it has good grounds of appeal in the FTT and that, without interim relief, it will not be able to survice long enough to see through its FTT appeal.

The case was brought before the courts by the Coalition of Physicians for Social Justice who sought an injunction on the grounds that the legislation would give too much power to doctors.

The CJC says there is growing concern about the way such injunctions are being sought and / or used; the powers afforded to the courts (principally the county court, although the youth court can grant civil injunctions against juveniles); the limited powers available to the county court on breach; whether third parties should be involved in the process, and whether breaches of these orders are then a shortcut to mandatory possession orders.

Within the past decade, banking and insurance companies have hired historical legal experts and spent a lot of time litigation over the US Federal Court system's power to issue equitable remedies such as the Mareva injunction and equitable liens to seize assets in federal litigation; the Alien Torts Act which has been used by international human rights organizations had its breadth restricted by use of 18th century views of the «law of nations» requiring recourse to historic writers like Hugo Grotius, and even administrative law has come under assault by dissents of Justice Thomas arguing that the «Chevron» doctrine of deference to agency interpretations of their own statutes should be set aside as being incompatible with the understanding of the American separation of powers doctrine as it was understood at the time of the country's founding.

The following factors are considered in determining recognition and enforceability of a Georgia injunction: (a) are the terms of the order clear and specific enough to ensure that the defendant will know what is expected; (b) is the order limited in its scope and did the originating court retain the power to issue further orders; (c) is the enforcement the least burdensome remedy for the Canadian justice system; (d) is the Canadian litigant exposed to unforeseen obligations; (e) are any third parties affected by the order; and (f) will the use of judicial resources be consistent with what would be allowed for domestic litigants.

Another significant new power given to the Director is the ability to apply to the Supreme Court of Nova Scotia for injunctions to compel compliance with orders or to require shutdowns of operations.

Prima facie, in a situation where on a general challenge a court had found a term or terms in a set of standard conditions in use in current contracts unfair, it had to be a proper exercise of its power to grant an injunction to prevent enforcement of that term or terms in existing contracts.

(It also recommended that, where a court could have enforced a gratuitous promise through damages, the court should have power to order an injunction or specific performance.)

The following factors are considered in determining recognition and enforceability of a Tennessee injunction: (a) are the terms of the order clear and specific enough to ensure that the defendant will know what is expected; (b) is the order limited in its scope and did the originating court retain the power to issue further orders; (c) is the enforcement the least burdensome remedy for the Canadian justice system; (d) is the Canadian litigant exposed to unforeseen obligations; (e) are any third parties affected by the order; and (f) will the use of judicial resources be consistent with what would be allowed for domestic litigants.

The following factors are considered in determining recognition and enforceability of a Missouri injunction: (a) are the terms of the order clear and specific enough to ensure that the defendant will know what is expected; (b) is the order limited in its scope and did the originating court retain the power to issue further orders; (c) is the enforcement the least burdensome remedy for the Canadian justice system; (d) is the Canadian litigant exposed to unforeseen obligations; (e) are any third parties affected by the order; and (f) will the use of judicial resources be consistent with what would be allowed for domestic litigants.

The following factors are considered in determining recognition and enforceability of a California injunction: (a) are the terms of the order clear and specific enough to ensure that the defendant will know what is expected; (b) is the order limited in its scope and did the originating court retain the power to issue further orders; (c) is the enforcement the least burdensome remedy for the Canadian justice system; (d) is the Canadian litigant exposed to unforeseen obligations; (e) are any third parties affected by the order; and (f) will the use of judicial resources be consistent with what would be allowed for domestic litigants.

This included the power to grant interim relief in the form of a freezing injunction under section 44 (2)(e).

It implies that Parliament acted in ignorance of this when it passed the Sex Offenders Act 2003 (and its predecessor, the Crime and Disorder Act 1998) as the power to make equivalent injunctions were already part of the inherent jurisdiction - without the necessity for a person to have been convicted of any sexual offence or proving two or more qualifying acts.

The following factors are considered in determining recognition and enforceability of a North Carolina injunction: (a) are the terms of the order clear and specific enough to ensure that the defendant will know what is expected; (b) is the order limited in its scope and did the originating court retain the power to issue further orders; (c) is the enforcement the least burdensome remedy for the Canadian justice system; (d) is the Canadian litigant exposed to unforeseen obligations; (e) are any third parties affected by the order; and (f) will the use of judicial resources be consistent with what would be allowed for domestic litigants.

Indeed, the Family Law Rules do not specifically refer to Injunctions, but family courts are instilled with the general power to order them pursuant to the Courts of Justice Act.

The power to grant injunctions is presumptively unlimited, and injunctions aimed at maintaining order need not be directed solely at the parties involved in litigation.

«There already exists a remedy under the Copyright, Designs and Patents Act (section 97A) which grants copyright owners a broad power to apply to the Court for an injunction.

The district courts shall have equity powers only to the extent necessary to enforce the aforementioned sections, including the power to appoint receivers, grant injunctions and issue restraining orders as justice and equity may require and for punishing civil contempt of orders, rulings and decrees made or pronounced in the exercise of this jurisdiction.

The following factors are considered in determining recognition and enforceability of a foreign injunction: (a) are the terms of the order clear and specific enough to ensure that the defendant will know what is expected; (b) is the order limited in its scope and did the originating court retain the power to issue further orders; (c) is the enforcement the least burdensome remedy for the Canadian justice system; (d) is the Canadian litigant exposed to unforeseen obligations; (e) are any third parties affected by the order; and (f) will the use of judicial resources be consistent with what would be allowed for domestic litigants.

In Ontario, with virtually identical provisions in most other provinces» arbitration statutes, s. 8 (1) the Arbitration Act, 1991, provides an arbitral tribunal with the same powers as the court in respect of preservation of property, interim injunctions and appointment of receivers.

Successfully represented technology and engineering multinational Emerson in obtaining High Court non-compete and confidentiality injunctions and damages against its former director who had joined Chinese multinational Huawei in the datacentre network power industry.

Although the court had the power to appoint a receiver to look after PS's finances, the sums involved were so modest the better course was to appoint an appropriate officer of the local authority to manage her financial affairs with an injunction restraining CA from operating her mother's bank and building society accounts.

The firm recently represented Hydro - Quebec and were successfully granted injunctions in the context of the $ 1 - billion project Chamouchouane - Bout - de - l'Ïle, a new strategic power line.

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In VTB Capital PLC v. Universal Telecom Management, the Cayman Islands Court of Appeal considered whether it had the power to grant a Mareva injunction over defendants against whom no substantive cause of action is asserted («non-cause-of-action-defendants» or «NCADs») when the cause of action defendant is beyond the jurisdiction of the court.