Sentences with phrase «motion under matters»

The summon followed the unanimous adoption of a motion under matters of urgent -LSB-...]

Not exact matches

Additionally, to prevent the Government from repeating its prior tactic of withdrawing the summons as to a proposed intervenor and then contending that the proposed intervenor's motion to intervene is moot, Movants are seeking permission to proceed anonymously in this matter under fictitious names.»

According to Doe Adjaho, upon receiving the motion «I sought to satisfy myself to find out whether this matter is under investigation before the Commission on Human Rights and Administration Justice.»

In a motion moved by Rep. Diri Douye (Bayelsa - PDP) under matters of privilege, the lawmaker expressed concern over the spread of the disease to other states in spite of concerted efforts by the Bayelsa State Government since its outbreak in Yenagoa.

We have created the most complete compilation so far of published measurements of the motion of gas and stars in the Milky Way, and compared the measured rotation speed with that expected under the assumption that only luminous matter exists in the Galaxy.

Similarly, if the conduct of counsel is the subject matter of a proceeding, such as a motion for costs under rule 57.07 or more a motion brought to compel undertakings under rule 34.15, then, once again, counsel will likely be best suited to provide firsthand evidence of relevant facts.

Having decided as a matter of contract interpretation that the Luso mortgages are unambiguously excepted from coverage under Schedule B, we need not opine whether the motion judge was correct in concluding that Private Lending is also barred from recovery by an «Exclusions from Coverage» provision, which excludes from coverage loss or damage arising by reason of encumbrances, adverse claims, or other matters «created, suffered, assumed or agreed to by the insured claimant.»

Assuming my client wants primacy and the opposing attorney refuses to dismiss the later - filed complaint, a motion to dismiss brought under that subsection should remedy the matter.

An accused can testify on the trial itself but also, for example, on a motion to exclude evidence under the Charter, or to create the foundation for a motion to get past the so - called «rape - shield» rules which otherwise may prevent full cross-examination of a complainant in a sexual assault matter.

137.4 (1) If the responding party has begun a proceeding before a tribunal, within the meaning of the Statutory Powers Procedure Act, and the moving party believes that the proceeding relates to the same matter of public interest that the moving party alleges is the basis of the proceeding that is the subject of his or her motion under section 137.1, the moving party may file with the tribunal a copy of the notice of the motion that was filed with the court and, on its filing, the tribunal proceeding is deemed to have been stayed by the tribunal.

First, on the strict matter of appellate jurisdiction, the Court of Appeals said yes, it had such jurisdiction and in terms of the standard of review, «A district court decides a motion to compel arbitration under the same standard it applies to a motion for summary judgment» and that «the party opposing arbitration is given the benefit of all reasonable doubts and inferences that may arise.»

A motion for summary judgment may be granted under Federal Rule of Civil Procedure 56 if the entire record demonstrates that «there is no genuine issue as to any material fact and · · · the moving party is entitled to judgment as a matter of law.»

Leave may be granted under (a) where there is a conflicting decision by another judge or court in Ontario or elsewhere on the matter involved in the proposed appeal and it is, in the opinion of the judge hearing the motion, desirable that leave to appeal be granted.

The careful analysis conducted under s. 137.1 (4)(b) should allow for the consideration of any malice, the potential presence of which would prevent a matter from being dismissed at the anti-SLAPP motion stage.

His motion was as follows: «That City Council rescinds the previous decision made under item CC 52.1 and directs that no further action be taken on this matter.»

On May 1, 2017, there was a significant change to paragraph 57 of the Consolidated Practice Direction for Civil Actions, Applications, Motions and Procedural Matters in the Toronto Region: For all Toronto civil actions subject to Mandatory Mediation under Rule 24.1, Court staff now require a new form of Certificate to be filed in order to set an action down for trial.

(6) If a provisional order made under this section comes before a court in a reciprocating jurisdiction and confirmation is denied in respect of one or more persons for whom support is sought, the Ontario court that made the provisional order may, on motion within six months after the denial of confirmation, reopen the matter, receive further evidence and make a new provisional order for a person in respect of whom confirmation was denied.

(6) If a provisional variation order made under this section comes before a court in a reciprocating jurisdiction and confirmation is denied in respect of one or more persons for whom support is payable, the Ontario court that made the provisional variation order may, on motion within six months after the denial of confirmation, reopen the matter, receive further evidence and make a new provisional variation order for a person in respect of whom confirmation was denied.

(2) The Court may, on application made under subsection (1) or of its own motion, review the exercise by a Judicial Registrar of a power delegated under subsection 26B (1), and may make such orders as it considers appropriate in relation to the matter in relation to which the power was exercised.

(10) The Court may, on application under subsection (9) or of its own motion, review an exercise of power by a Registrar pursuant to a delegation under this section and may make such order or orders as it considers appropriate with respect to the matter with respect to which the power was exercised.

9 DOS 94 Matter of DOS v. Shane - motion for pre-hearing discovery beyond SAPA 401 (6) is denied; rules re: subpoenas in administrative proceedings reiterated; proper procedure of reserving right to file post-hearing memorandum of law; MLS form listing agreements are acceptable; individual license not sufficient to allow acting as representative of corporate licensee - need affiliated license; agreements procured by individual acting under name of firm but without affiliated license are illegal and unenforceable - no brokerage fee can be claimed; misrepresentation and execution of unauthorized extension; misrepresentation of law (distinction between canceling agency authority and abiding contract rights); RPL § 443 controls the disclosures required of licensees; subsequently licensed corporation not vicariously liable; failure to provide copy of agreement (19 NYCRR 175.12); inadvertence considered in determining penalty

128 DOS 93 Matter of DOS v. Vuksanaj - motion to conform pleadings to proof granted where (i) additional evidence wouldn't have been presented if the charge had been stated in the complaint and (ii) issue was actually litigated and was within the «broad framework of the pleadings»; broker's authorization to execute lease on behalf of landlord must be in writing to be valid (G.O.L. § 5 - 703); no commission earned on void lease (due to lack of written authority for broker to sign for landlord); broker is undisclosed «double agent» - thus «fails to make clear» for which party he is acting (NYCRR 175.7); broker is not «managing agent» under NYC Rent Stabilization Code unless (i) broker has ownership or financial interest in property or (ii) performs managerial duties; separate escrow account (§ 175.1) not required when broker is not holding escrowed funds; holding funds overnight does not trigger requirement for escrow account (returned next day upon demand); unlicensed name used in commission agreement but lack of intent to mislead considered in mitigation; restitution of unearned commission