Sentences with phrase «judicial review applications in»

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.

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.

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.

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.»

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.»

It should be noted that this decision is now the subject of a pending judicial review application in the Superior Court of Québec.

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.

Supreme Court rejects judicial review application in Belfast «supergrass» case The Supreme Court has dismissed an application for judicial review...

Not exact matches

It is common, with respect to regionally significant planning applications in Northern Ireland, to have multiple legal challenges, including judicial reviews.

Jan. 17, 2014: First of 10 applications filed in Federal Court and the Federal Appeal Court by environmental and First Nations groups seeking judicial review of panel recommendation to approve project.

Various judicial review and appeal applications have been launched with respect to both the JRP Report and the decision of the Governor in Council.

JUDGING THE JUDGES Patrick McKinley Brennan's review «The Forms Behind the Laws» (April) begs fundamental questions of interpretation, blurs the distinction between legislating and judging, and proposes a mode of judicial interpretation that would, in its practical application, be indistinguishable from judges who make decisions based on personal preference.

Take the ETS case of R (on the application of Bilal Mahmood) v Secretary of State for the Home Department, where the president laid out all the awful things he could do to those who had not shown full candour in their judicial review.

The DWP decided to appeal against the decision and around the same time the Carmichaels» separate application for a judicial review of the underlying legislation was dismissed in the high court.

In March 2011, an application for a Judicial Review in the High Court was lodged by two teenagers, Callum Hurley and Katy Moore, who claimed the increase in tuition fees breached the European Convention on Human RightIn March 2011, an application for a Judicial Review in the High Court was lodged by two teenagers, Callum Hurley and Katy Moore, who claimed the increase in tuition fees breached the European Convention on Human Rightin the High Court was lodged by two teenagers, Callum Hurley and Katy Moore, who claimed the increase in tuition fees breached the European Convention on Human Rightin tuition fees breached the European Convention on Human Rights.

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.

[54] Woolas launched a second judicial review, technically a renewed application for permission to seek judicial review, and was heard in person at the High Court on 16 November 2010.

For that reason it is important to avoid or mitigate the risk of judicial review of the planning permission by ensuring that all the relevant procedural steps have been followed in the application process, and all relevant issues have been addressed.

The judge said the decision about whether to hold a judicial review should be heard in open court, after privately considering the merits of the application.

On the basis of this case study if judicial review is not available, either in law; or because F does not have the knowledge or resources to fund an application; or if there can be no challenge to the Commission figure at the liability order stage, then F will be fixed with a sealed court document which, on the above facts, represents an unchallengeable misrepresentation of the true facts.

Judicial review is a paper — based process and the applications for interim relief are usually made on paper in the first instance.

In R (on the application of the Transport and General Workers Union and another) v Walsall Metropolitan Borough Council [2001] All ER (D) 85 (Jun) a council decided to press ahead with a decision to award its catering services to an outside contractor, M Ltd, instead of the authority's internal caterers despite the existence of an unresolved judicial review claim.

The second preliminary reference (Watson) arose before the Court of Appeal in the context of applications for judicial review of the UK's Data Retention and Investigatory Powers Act (DRIPA) on the grounds that this Act was incompatible with the EU Charter and the ECHR.

Ms. Raczynska failed to name the correct party on her application for judicial review, and failed to repair this error or serve the Professional Corporation in the stipulated time frame (at paras 4, 5 citing Leon's Furniture Limited v Alberta (Information and Privacy Commissioner), 2011 ABCA 94).

It concerned an appeal by the Environment Agency relating to two applications by Mr Mott for Judicial Review of catch conditions imposed by the Environment Agency on the terms of his licence to catch Salmon in the Severn Estuary, using an ancient form of fishing known as a putcher rank.

Ms. Raczynska's application for judicial review was dismissed in its entirety (at para 77).

I am not convinced it is entirely unreasonable to consider whether there could be legal reforms permitting the Commission to have some role in serving respondents in applications for judicial review.

Rule 3.15 explicitly removes this discretion in the case of applications for judicial review.

In this case «protective» proceedings for unfair dismissal, breach of contract and sex discrimination had been issued in the employment tribunal (ET) and then stayed pending determination of the application for judicial revieIn this case «protective» proceedings for unfair dismissal, breach of contract and sex discrimination had been issued in the employment tribunal (ET) and then stayed pending determination of the application for judicial reviein the employment tribunal (ET) and then stayed pending determination of the application for judicial review.

In the latest instalment of the Baby P cases, the secretary of state and Haringey have filed applications for permission to appeal the Court of Appeal's decision in R (on the application of Sharon Shoesmith) v Ofsted & Ors [2011] EWCA Civ 642, [2011] All ER (D) 293 (May) allowing Ms Shoesmith's claims for judicial review of decisions relating to her summary dismissaIn the latest instalment of the Baby P cases, the secretary of state and Haringey have filed applications for permission to appeal the Court of Appeal's decision in R (on the application of Sharon Shoesmith) v Ofsted & Ors [2011] EWCA Civ 642, [2011] All ER (D) 293 (May) allowing Ms Shoesmith's claims for judicial review of decisions relating to her summary dismissain R (on the application of Sharon Shoesmith) v Ofsted & Ors [2011] EWCA Civ 642, [2011] All ER (D) 293 (May) allowing Ms Shoesmith's claims for judicial review of decisions relating to her summary dismissal.

It confirms the terms of an interim declaration procured by the Law Society from Mr Justice Keith on 5 October 2006 in judicial review proceedings relating to the transitional application of the change.

Furthermore, Runa Begum had not mandated the application of judicial review principles by the county court in s 204 appeals, nor had it developed the jurisprudence beyond that in Nipa Begum.

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.&raquIn 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.&raquin 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.&raquIn 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.&raquin a manner that infringes upon the independence of federally appointed judges.»

In the Employment Appeal Tribunal, he had also prepared by himself two judicial review claims and in the GMC proceedings itself he had prepared by himself a detailed document in support of the application for a staIn the Employment Appeal Tribunal, he had also prepared by himself two judicial review claims and in the GMC proceedings itself he had prepared by himself a detailed document in support of the application for a stain the GMC proceedings itself he had prepared by himself a detailed document in support of the application for a stain support of the application for a stay.

An application for judicial review was filed Sept. 1 with the Divisional Court of the Ontario Superior Court on behalf of all members of the Anishinaabe Nation in Treaty 3 against the Ontario minister of Energy and the Ontario Power Authority.

Further, the draftsman clearly drew a very important difference between «an appeal... on any point of law» in s 204 (1) and «the principles that are applied by the court on an application for judicial review» in s 204A (4) by using those different terms for different classes of cases in HA 1996.

Uber filed an application for a judicial review in the high court in London to block TfL's plans earlier this week.

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.

R (On the application of Catt) v. Association of Chief Police Officers and Commissioner of Police for the Metropolis (Court of Appeal, Civil Division), (Led by Martin Westgate QC), intervention on behalf of Liberty: Judicial review of decision to retain information on national extremism database, in reliance on Article 8, ECHR.

In Cosgrove v. Canada (Attorney General), 2008 CarswellNat 2740; 2008 FC 941, they represented Justice Cosgrove in an application for judicial review of a ruling of the Inquiry CommitteIn Cosgrove v. Canada (Attorney General), 2008 CarswellNat 2740; 2008 FC 941, they represented Justice Cosgrove in an application for judicial review of a ruling of the Inquiry Committein an application for judicial review of a ruling of the Inquiry Committee.

R (On the application of Catt) v. Association of Chief Police Officers and Commissioner of Police for the Metropolis [2008] EWHC 1042 (Court of Appeal), junior counsel in intervention on behalf of Liberty in judicial review of decision to retain information on national extremism database in reliance on Article 8, ECHR.

There is some skill in drafting an application for judicial review, of course, but it occurs to me that the arrival of this brief may have reflected the magic of Matrix Chambers or a pro bono effort by Eloise to get some experience in the High Court.

Based primarily in Southampton, Bernard brings specific legal experience in all aspects of the planning process including applications, objections, complex agreements, appeals, enforcement, policy and judicial reviews.

«I am satisfied that there is a public interest in knowing how the CJC deals with complaints against judges to ensure the public has confidence in the integrity of the process and to also ensure that the application for judicial review can be conducted in a meaningful way,» Milczynski wrote.

The case is an application for judicial review, attempting to strike down Ministry of the Environment action that allowed Suncor to increase production (and presumably emissions) from its refinery in Chemical Valley.

Most recently, Zac acted for a claimant in a claim for judicial review which argued that guidance issued by the Secretary of State was contrary to the IORP Directive (R (on the application of the Palestine Solidarity Campaign) v Secretary of State for Communities and Local Government (led by Nigel Giffin QC).