Sentences with phrase «of abuse of process as»

There was no evidence of abuse of process as the trial judge found no dishonesty in relation to the application for a peace bond.
[79] In response to perceived difficulties in demanding strict adherence to the constituent elements of res judicata, modern Canadian courts have developed the independent but related concept of abuse of process as a means of barring relitigation where permitting it to proceed would offend vital principles such as judicial economy, consistency, finality of legal disputes, and, perhaps most importantly, the integrity of the judicial decision - making process.

Not exact matches

In my view, it is an abuse of process, as that phrase is used in this setting, for Burnaby to be seeking here the relief it failed to obtain at the NEB and in the Federal Court of Appeal.
In addition to any other requirements or restrictions set forth in this Agreement, you shall not: (i) utilize the credit available on any Card to provide cash advances to Cardholders, (ii) submit any card transaction for processing that does not arise from your sale of goods or service to a buyer customer, (iii) act as a payment intermediary or aggregator or otherwise resell our services on behalf of any third party, (iv) send what you believe to be potentially fraudulent authorizations or fraudulent card transaction, or (v) use your Merchant Account or the Service in a manner that Visa, MasterCard, American Express, Discover or any other Payment Network reasonably believes to be an abuse of the Payment Network or a violation of Payment Network rules.
«The IRS offers no explanation as to how the IRS can legitimately use most of these millions of records on hundreds of thousands of users; instead, it claims that as long as it has submitted a declaration from an IRS agent that the IRS «is conducting an investigation to determine the identity and correct federal income tax liabilities of United States persons who conducted transactions in a virtual currency during 2013 - 2015» the Court must find that the Summons does not involve an abuse of process.
The premise of the Nunes memo is that the FBI and DOJ corruptly sought a FISA warrant on a former Trump campaign foreign policy adviser, Carter Page, and deliberately misled the court as part of a systematic abuse of the FISA process.
For some victims, forgiveness will be an ongoing process as they heal from the wounds of abuse.
your understanding of the change process is very simplistic, because your mind is not open, you specifically believe already in the traditional doctrines, Dogmas as shown in thousands of years of history evolves, and the need for input variables, meaning the diversity of religious belief is necessay because nature through his will is requiring this to happen, we are being educated by God in the events of history.In the past when there was no humans yet Gods will is directly manifisted in nature, with our coming and education through history, we gradually takes the responsibilty of implementing the will.Your complaint on your perception of abuse is just part of the complex process of educating us through experience.
«In the handful of instances during the John Paul years in which local bishops tried to formally expel abusers from the priesthood, in a process known as laicization, the Vatican often urged caution — not to excuse abuse, but to defend the priesthood.».
Even though alcoholism ranks as one of the country's three major health problems, along with cancer and heart disease; even though it accounts for approximately 98,000 deaths every year; even though it is the root cause of most pastoral - care crises (suicides, auto fatalities, child abuse, divorces, hospital admissions, accidental deaths and home violence); even though it costs the nation $ 120 billion annually in terms of lost work time, health and welfare benefits, property damage, medical expenses, insurance and lost wages; and even though its effects impair the educational process of every child in every classroom, still the church acts as though alcoholism does not exist.
Secular anti-Catholic opposition may be exemplified by USA Today [http://cont.ent.usatoday.com/communities/Religion/post/ 2011 / 01 / saint - pope - john - paul - sex - abuse - crisis / 1], which contemptuously characterised the process of canonisation itself as being a recognition, in the words of one Cathy Lynn Grossman, «that someone who has lived a life of exemplary holiness is now in heaven, whispering on humans» behalf in the ear of a miracle - working God».
It would be easy to dismiss the naked experimentation as exhibitionism, but I'm sure some riders may have been struggling with their body image or health concerns; for some it may have been a healing process from being bullied, targeted, or abused; and perhaps others simply wanted to walk through the wall of a conventional boundary.
Reactive Attachment Disorder (RAD) is usually the result of a disruption of or trauma to the attachment process such as a history of physical or sexual abuse, neglect and / or frequent change in caregivers within the first three years of a child's life.
But children can also develop sensory processing difficulties from sensory deprivation experienced early in life, especially those in the foster care system, those who've been adopted, and those who've experienced a traumatic early childhood such as in cases of overt abuse or neglect.
But while the voting process itself has been described as fair by most international observers, the political campaign and the actual counting of the votes — no doubt the most important part of the democratic election process — has been characterized by the abuse of power, the excessive role of money, extraordinary events such as power cuts in the polling stations, fights between party representatives, accusations of fraud and scandals in denying observers access to polling stations.
Or that the creed of a governor installed by law, on due process, is to push for self - help, over and above due process, using his exalted office as abused collateral?
The Post exposed the abuse as Mayor Bill de Blasio is in the process of trying to crack down on the misuse of city - issued parking placards.
It goes without saying that Conservatives in Westminster will fight Labour every step of the way as the legislation passes through both Houses and let us be in no doubt, Labour are going to have a very difficult time, as it is a huge abuse of process to ram nakedly political legislation through Parliament so close to an election.
CISLAC calls on the relevant Committees of the NASS to be more proactive in the exercise of her oversight responsibility over the processes and agencies in the Ministry of Petroleum Resources, so as to prevent the recurrences of such abuses.
The complainants (who at the moment will remain anonymous) even alleged that they was willing to go to News 12 and the Journal News to expose the actions of Mr. Lafayette concerning the process to challenge the signatures, fraudulently having people on Democratic voter rolls and abusing his absolute power over the voting process as Westchester democratic chairman, Mount Vernon City Committee Chairman and Westchester County Democratic Commissioner of Elections which they felt was illegal in nature and the DA's office was against the complainants going public with their complaints.
Describing the suit as abuse of court process, Justice Ademola said «It is the view of the court that the case constitutes an abuse of court process.
«An appeal I have to make is that it is necessary for all levels of government to maintain some level of respect and civility one to the other, and as we start now the process of reconstructing relationships and consultations, there should be what I will call a ceasefire in terms of the kind of abuse that is used all round on one institution of government or the other, even principal parties of these institutions..
Moving the applications on Friday, Ogungbeje described the new charges as an abuse of court processes, contending that some of the counts bordering on kidnapping were merely a duplication of the ones filed before Justice Oshodi in Ikeja.
But in a statement from the Nigerian Wailers signed by its Deputy National Publicity Secretary, Mr Fasipe Oluyemi, the group has called on the good people of Nigeria to come out en mass for a protest (#OccupyCBN) to stop this impunity of the Fraudulent Forex Trading, Round Tripping and racketeering going on in the Central Bank of Nigeria aided by its Governor, Mr. Godwin Emefiele and bring to an end the Manipulation of Forex, illegally funding Federal Government budget, short - changing the Money Deposit Bank's reserve ratio at the expense of the Masses as the abuse of internal process.
In his words, «The wide acceptance of NYSC Scheme both at the national and international levels is borne out by the noteworthy contribution of Corps members to such exercises as the electoral process, the effective nationwide campaign against HIV / AIDs, Road accidents, Drug Abuse, Human Trafficking, Corruption, Illiteracy and the implementation of various aspects of the SDGs programme.
He said, «My appeal is that as we start now the process of reconstructing relationships and consultations, there should be what I will call a ceasefire in terms of the kind of abuse that is used all round on one institution of government or the other, even principal parties of these institutions.»
Idigbe, while describing the application that led to the seizure of Nwaoboshi's house as an abuse of court processes, accused the EFCC of suppressing material facts before Justice Anka.
He described the application leading to the interim forfeiture order as an abuse of court processes, contending that Justice Anka ought not to have made the order because, according to him, the judge did not have jurisdiction to entertain the case.
He described the various judgements given by different courts of coordinate jurisdiction as an abuse of court processes, even as he annulled the National Convention held on May 21, 2016.
The Interior ministry director presented a copy of the judgment by Obiozor, who described the case as «an abuse of court process» and struck it out.
Citing judicial authorities, Adedipe contended that the suit was an abuse of court process as the court had no Jurisdiction to make an order against one who is not a party in a suit filed before the court.
McKinnon's lawyers had argued that sending him to the US would breach his human rights, be an abuse of the English court process and should be barred as his extradition was sought «for the purpose of prosecuting him on account of his nationality or political opinions».
While various theories exist as to how the perception of stigma attached to being a victim plays into the decision not to disclose the abuse, many experts suggest that talking publicly about what happened can be an important part of the healing process.
As to why the proceedings were filed in Texas rather than in the libel - suit - friendly United Kingdom, they said that «any action brought against the BMJ and Mr. Deer in London would have been immediately vulnerable to being struck out as an abuse of process.&raquAs to why the proceedings were filed in Texas rather than in the libel - suit - friendly United Kingdom, they said that «any action brought against the BMJ and Mr. Deer in London would have been immediately vulnerable to being struck out as an abuse of process.&raquas an abuse of process
They subsequently used these clusters of neurons to study how various drugs of abuse, such as methamphetamine, could disrupt that process and damage those connections.
Articles related to all forms of addiction, using the Inner Bonding process as the foundation for recovery from substance abuse and addiction and process addictions - such as gambling addiction, work addiction, spending addiction TV addiction, video games and Internet addiction.
INNER BONDING is a deep self - healing process that works, regardless of your spiritual or religious background or how severely you might have been abused, neglected, or indulged as a child.
Lavalife on the other hand lets you browse all the users so people could try to abuse the free weekend by contacting as many people as possible, providing their personal email account in the process to try to continue the communication outside of the service.
Reflecting on the film's release as the Me Too and Time's Up movements dominate debate in Hollywood and the wider world, she said: «It's a strange thing, the themes this film touch on, the themes that we wanted to focus on and discuss and let an audience discuss during the process of seeing the film have to do with class - ism and abuse towards women and if they are believed when they come forward.
So self - serious that it became an unwitting parody of the beloved first season, the return of «True Detective» struck an uncomfortable compromise between wild, fantastical elements (a corpse with its eyes burned out, an assailant in a bird's head mask) and social realism (online porn, PTSD, substance abuse)-- and in the process exposed Nic Pizzolatto's writing as a bunch of risible blather masquerading as poetry.
The case discontinued after the panel decided there was an «abuse of process», as statements from previous inquiry were not disclosed by government lawyers.
The California Charter Schools Association also fought the SB 322 bill, which would give charter school students the same reasonable due - process rights afforded students who attend public schools, as well as SB 739 which would put some restrictions on the ability of a district to open up «resource center» charters in other counties, which led to the abuses described earlier in this report.
As I wrote in City Journal, Senate Bill 1530 would have given firing decisions in certain cases of abuse to the school district, all the while maintaining a teacher's due process rights.
As part of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA), Congress made consumer credit counseling mandatory as part of the bankruptcy filing procesAs part of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA), Congress made consumer credit counseling mandatory as part of the bankruptcy filing procesas part of the bankruptcy filing process.
However, the bond between a therapy dog and an abused child is nothing short of magical to observe, as the animal provides non-judgmental comfort and can ultimately help with the healing process for the child.
As a pioneer of feminist art, her work was directed against the abuse of power, Western privilege, and male dominance, processing the subject matter from both current and past events, as the oppression of Jews and the Holocaust, the torture of women in Nicaragua or horrors of the Vietnam waAs a pioneer of feminist art, her work was directed against the abuse of power, Western privilege, and male dominance, processing the subject matter from both current and past events, as the oppression of Jews and the Holocaust, the torture of women in Nicaragua or horrors of the Vietnam waas the oppression of Jews and the Holocaust, the torture of women in Nicaragua or horrors of the Vietnam war.
Future food must also pack a greater amount of calories using fewer resources (water and energy), as well as be affordable, «ecologically benign» and also not abuse laborers and farmers in the process.
As the article in ars technica observes, this is only the fifth time in the last decade that a Canadian court has refused an US request for extradition because of abuse of process.
However, in cases where a failure to give proper disclosure has made a fair trial impossible, or prevented the court from doing justice, or in instances of a flagrant abuse of process, a superior court will exercise its inherent jurisdiction — its power to control its own procedure so as to prevent it from being used to achieve injustice — to strike out the case before or during a trial (see for example Raja v Van Hoogstraten and others [2006] EWHC 1315 (Ch) and CPR 3.4 (5)-RRB-.
[5] Therefore, a Court is only likely to refuse a summons, or to stay a private prosecution as an abuse of process, where its conscience is offended by the private prosecutor's motives.
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