Obtaining urgent injunctive relief, for example in relation to employee fraud and
making applications for judicial review against public authorities and central government
Not exact matches
55 (1)
Judicial review by the Federal Court of Appeal with respect to any order
made under subsection 54 (1) is commenced by
making an
application for leave to the Court.
Judicial review is a paper — based process and the
applications for interim relief are usually
made on paper in the first instance.
The existence of unresolved
judicial review proceedings can cause significant problems
for a public body even where a party does not
make an
application for interim relief.
The deputy principal then
made an
application to the High Court to
review this decision, by way of
judicial review (a
review procedure
for decisions / actions of public bodies).
(39) On an
application for judicial review of the arbitrator's decision, no determination or selection that the arbitrator was required to
make under subsection (29) shall be overturned unless the determination or selection was patently unreasonable.
Two questions arose: (i) whether s 204 contained an express requirement under which the county court was required by an enactment to
make a decision applying the principles that were applied by the court on an
application for judicial review, thus placing s 204 appeals within the public law category; and (ii) if not, whether there were any other reasons requiring the
application of
judicial review principles with the result that s 204 appeals fell within the post-LASPO 2012 civil legal aid regime.
Lemaigre was a Federal Court
application for judicial review of a Dene band decision
made under the Clearwater River Dene Nation Election Act and Regulation.
(3) An
application for judicial review and any appeal from an order of the court on the
application does not stay the decision
made under this Act.
Cs
made their claim and in doing so, relied upon the commentary in Volume 38 (2) of the Encyclopaedia of Forms & Precedents that states the inclusion of a «call - in» clause should at least be considered in any case other than: «the very simplest cases such as an
application for change of use or
for the carrying out of relatively minor building operations where... it is unlikely that the grant of planning permission would be challenged by third parties by way of
judicial review....»
Five claimants
made three
applications for judicial review of the secretary of state's refusal to grant, or delay in granting, certificates of approval.
R (Feakins) v. Secretary of State (CA)[2004] 1 WLR 1761 An applicant
for judicial review had standing to
make the
application even though he had indicated he would accept the decision under challenge if he was paid a sufficient sum of money.
[1] This is an
application brought by the applicant, Navjeen Kaberwal («Kaberwal»),
for judicial review of a decision
made by the Ministry of the Economy, Immigration Services («Ministry») on December 31, 2012 suspending Kaberwal's right to submit
applications to the Ministry
for a period of two years.
The European Court and Actions
for Annulment: Codebook
for Data Set on Actions under Article 230, 1954 - 2006 Alec Stone Sweet and Thomas L. Brunell The data set, which is
made accessible here, contains the first 5,143 Art. 230 actions
for annulment —
applications for the
judicial review of the legality of Community acts — filed with the European Court of Justice.
Justice Stratas grants Alberta's
application to intervene on the presumption that the Crown represents the interest of Albertans in the proceedings (at paras 11 - 27) and denies the
application to intervene
made by the Tsartlip First Nation on the basis it is really an
application for judicial review under the guise of an intervention and its submissions would be duplicative of existing parties (at paras 35 - 54).
This
application for judicial review was dismissed by the Superior Court of Ontario, but in Campbell J.'s reasons
for judgment he
made extensive statements regarding Mr. Groia's conduct during the trial (para. 12).
Presumably
judicial review would be available, but that would require an
application to the Court of Queen's Bench with considerable costs and delay,
making such an
application unfeasible
for most victims of domestic violence.
An
application for judicial review must be filed within 15 days or 60 days of receiving the refusal, depending on whether the decision was
made within Canada or outside of Canada respectively.
As there was then an opportunity
for the Order to be set aside without delay on an
application of
judicial review principles, I think that it was unnecessary
for an opportunity to be provided
for the Bank to be consulted before the Order was
made in order to satisfy the requirements of the article.
In cases where an
application for a sponsorship, Canadian work permit or visas, refugee claim, or federal skilled worker is denied or refused or in the case where a deportation or removal from Canada is issued, an appeal or an Application for Judicial Review can be made to reverse the decision of the immigration a
application for a sponsorship, Canadian work permit or visas, refugee claim, or federal skilled worker is denied or refused or in the case where a deportation or removal from Canada is issued, an appeal or an
Application for Judicial Review can be made to reverse the decision of the immigration a
Application for Judicial Review can be
made to reverse the decision of the immigration authorities.
Shortly before the consultation date on November 28, 2013, I was advised that the College had received a letter suggesting that an
application for judicial review would be
made of a ratio
review panel decision that I had chaired (which had issued over 6 months ago), on the basis of «a reasonable apprehension of bias».
The Court of Appeal emphasised the importance of
making prompt
applications for judicial review against deportation decisions and set out the principles to be followed in future cases — see the judgment of Lord Justice Buxton at para 17.
Each level of people's court should establish a centralized administrative platform
for the
judicial review of arbitration awards, to strengthen the informatized management and data analysis of cases regarding
applications to confirm the validity of an arbitation agreement, cases regarding
applications to cancel or enforce arbitration awards of our domestic arbitration institutions,
applications to recognize and enforce Hong Kong Special Administrative Region, Macau Special Administrative Region, Taiwan Region arbitration awards, cases regarding
applications to recognize and enforce foreign arbitral awards, and cases relating to the
judicial review of arbitration such as refusal to accept, reject the filing, or objection to jurisdiction and others relating to the confirmation of the validity of an arbitration agreement; the effective guarantee of the correct
application of law and of a unified yardstick
for judicial decision -
making.
For example, if all evidence has been submitted to the judge who is
reviewing the evidence but has not yet rendered a decision, and the stock price of a public company held by one spouse tanked unexpectedly, you could then
make an
application to the trial judge to reopen the trial, and take
judicial notice of the current, much lower, stock price.
In late May, the court heard an
application for judicial review in BMO v. Sasso seeking to set aside the order of an adjudicator
made during a hearing under the provisions of the Canada Labour Code that dealt with documents the Bank of Montreal claimed were privileged.
In particular, the FCA reasoned that because the outcome of the environmental assessment and regulatory
review (the report of the Joint Review Panel in this case) was merely a recommendation to Cabinet under the new legislative scheme, «no decisions about legal or practical interests had been made» and thus no application for judicial review lay from the r
review (the report of the Joint
Review Panel in this case) was merely a recommendation to Cabinet under the new legislative scheme, «no decisions about legal or practical interests had been made» and thus no application for judicial review lay from the r
Review Panel in this case) was merely a recommendation to Cabinet under the new legislative scheme, «no decisions about legal or practical interests had been
made» and thus no
application for judicial review lay from the r
review lay from the report.