Sentences with phrase «judicial review applications»

Judicial Review applications — typically challenges to decisions by Councils and other government related bodies — now have to be made within 3 months of the decision challenged and there is a need to get the Court's permission to proceed.
His experience extends to matters involving administrative tribunals, judicial review applications, injunctions, trials, appeals and sensitive internal investigations.
We've learned of a new Practice Direction on Filing Electronic Versions of Documents in Civil Appeals and Judicial Review Applications in the Divisional Court which will be implemented next month — it establishes a regularized process to satisfy the requirement to file electronic versions of factums and transcripts — a requirement that is already in place under Rules 61.09 and 61.12 of the Rules of Civil Procedure.
It remains to be seen if there will be a similar impact on the hearing of judicial review applications.
The Court also encourages parties to file electronic versions of their factums and transcripts in judicial review applications to the Divisional Court.
An understanding of the rules of public international law is becoming crucial in judicial review applications.
PRACTICE DIRECTION — FILING ELECTRONIC VERSIONS OF DOCUMENTS IN CIVIL APPEALS AND JUDICIAL REVIEW APPLICATIONS IN THE DIVISIONAL COURT Effective: November 2, 2012 Preamble This Practice Direction sets out the procedures to be followed by parties filing electronic versions of documents in civil appeals, including appeals from administrative tribunals, and judicial review applications in the Divisional Court.
In addition, the Court encourages parties, or tribunals where applicable, to file electronic versions of all materials (e.g., appeal book and compendiums, case books, application records, record of proceedings) in appeals and judicial review applications to the Divisional Court.
Filing Electronic Versions of Documents in Civil Appeals and Judicial Review Applications in the Divisional Court Parties are required to file electronic versions of their factums and transcripts in appeals to the Divisional Court, in accordance with Rule 61 of the Rules of Civil Procedure.
Judicial review applications are blunt instruments of feedback (although they can sometimes be painfully instructive).
On issues such as the content of the record on judicial review applications, the extent to which administrative decision - makers can participate in judicial reviews of their decisions, superior court review of federal prison decisions and tribunals» capacity to reconsider their decisions, Canadian courts have recently come under pressure to update the procedural law to bring it into line with the substantive law.
Mr. Burkett's experience extends to matters involving internal investigations, administrative tribunals, judicial review applications, injunctions, trials, and appeals.
The team regularly undertakes Judicial Review applications across these areas in order to get results for our clients.
Strickland et al. v. Canada (Attorney General) 2013 FC 475 Courts — Federal Court of Canada — Jurisdiction — Federal Court — Practice — Judicial review applications — Standing The applicants applied for judicial review, seeking to have the Federal Child Support Guidelines declared ultra vires the Divorce Act.
The court relied on the leading statement about the availability of Rule 39.03 examinations in the context of judicial review applications in the Ontario Court of Appeal's decision in Payne v. Ontario (Human Rights Commission), 2000 CanLII 5731:
It is reasonable to think that this approach will pave the way for future judicial review applications in which the courts are being invited to second - guess a tribunal's assessment of the weight of the evidence.»
He has substantial experience arguing judicial review applications and appeals in the Federal Court and the Federal Court of Appeal, and often acts as counsel or agent in the Supreme Court of Canada.
She has acted on behalf of applicants, objectors, responsible authorities and licensing authorities across the whole spectrum of licensing applications, from new applications to reviews and appeals in the Magistrates» Courts, and judicial review applications.
He has provided legal counsel in objections, administrative appeals, judicial review applications, audits, criminal investigations, verifications, voluntary disclosures and corrections, net worth assessments, penalties, customs and international trade issues and foreign investment claims.
She has a particular interest in appellate advocacy and has assisted union and institutional clients with judicial review applications and appeals.
Part IV of the Criminal Justice and Courts Bill is intended to reduce the number of judicial review applications, while the Civil Legal Aid (Remuneration)(Amendment)(No 3) Regulations 2014 (SI 2014/607) would remove legal aid from, according to the government's figures, up to 69 % of cases.
He has experience in the Federal Court acting on behalf of tribunals in judicial review applications.
She has litigated judicial review applications and appeared before various levels of courts on motions, trials and appeals.
Our Supreme Court has stated there are two standards to be applied on judicial review applications.
In its judicial review application to the high court, Unison argued that the failure to properly consult breaches the partnership agreement between the Department of Health (DoH), the NHS constitution and section 242 of the NHS Act.
Having at this point struck out at the Ontario Court of Appeal three times, he launched another judicial review application in Federal Court.
Finally, he brought yet another judicial review application in Ontario to, in the Court's words, «reconsider the surrender decision made by a previous Minister of Justice and confirmed by another Minister of Justice.»
According to a judicial review application, the Agreement provided for certain payments to Wong by the Globe & Mail, provided the terms of the settlement were kept confidential.
If a judicial review application is made, the undersigned will see to it that you are informed via another newsletter.
The Canadian Judicial Council has not responded to a request for comment on the judicial review application.
In a judicial review application filed to the Federal Court of Canada in March but that has just come to light, Girouard, who denies drug the allegations, argues, «Only a provincial authority has the ability to investigate and make a finding on the conduct of a lawyer.»
Nothing was said by the Court of Appeal in Nipa Begum which showed either that the approach of the county court on s 204 appeals was identical to the powers of the High Court on a judicial review application or that it was required by an enactment.
In his judicial review application, Girouard argues the process followed so far by the CJC has «generally been in a manner that infringes upon the independence of federally appointed judges.»
Between CA 1989 receiving Royal Assent and its coming into operation in October 1991 in R v B County Council exp P [1991] 1 FLR 470 the Court of Appeal was confronted by a judicial review application, the only way a local authority's failure to call live evidence (as opposed to rely hearsay) could be done then.
See a link to the judicial review application here.
Since the release of these court orders, CJC communications director Johanna Laporte says they are expecting the Federal Court to set a hearing date for the judicial review application.
It should be noted that this decision is now the subject of a pending judicial review application in the Superior Court of Québec.
Yesterday (12 October) barrister Jolyon Maugham announced that his Good Law Project was seeking donors towards a judicial review application if the government refused to publish information and reports comparing the predicted economic harm of Brexit with the predicted economic benefits of alternative free trade agreements.
The court concluded that Cs would have proceeded as the market was buoyant and they were keen to proceed and they would not have thought the chances of any successful judicial review application were high.
When a decision - maker reconsiders, or refuses to reconsider a decision, what is the significance of the original decision for a judicial review application?
Judge De Palma presented a motion to retract the Superior Court decision based on several grounds, claiming that she was not notified of the judicial review application.
The Secretary of State gave notice that she intended to remove A from the UK before the date fixed for the hearing of the judicial review application.
However, in the appropriate circumstances, an effective cross examination can be the decisive factor in succeeding on a judicial review application.
Chris Paliare and Andrew Lokan (together with Ecojustice) in Friends of the Earth v. Canada (Governor in Council), 2008 FC 1183 represented Friends of the Earth in a judicial review application in the Federal Court to compel the federal government to comply with the provisions of the Kyoto Protocol Implementation Act, requiring the government to develop and implement a plan to achieve compliance with Canada's obligations to reduce greenhouse gas emissions under the Kyoto Protocol.
Representing a leading motorsports and technology business in the Court of Appeal on a Judicial Review application made by several parties in respect of the Council's approval of its proposed move to new headquarters.
In October 2017, the Commercial Court dismissed a judicial review application which sought to quash An Bord Pleanala's decision to grant the Apple technology company planning permission for the construction of a data storage centre together with an electricity substation and associated infrastructure on a site near Athenry, County Galway.
The former employee remained self represented in his judicial review application.
The Federal Court (2011 FC 934) dismissed her judicial review application.
After the former Chief Commissioner of the Alberta Human Rights Commission upheld the Director's dismissal of Mr. Caron's complaint as too trivial to justify a public tribunal hearing, Mr. Caron filed a judicial review application seeking to quash the Commissioner's decision.
The Prothonotary agreed to stay the judicial review application, pending the decision of the Tribunal on the complaint.
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