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.&raqu
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.&raqu
as 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 proces
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 proces
as 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 wa
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 wa
as 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.