Sentences with phrase «of superior court»

The Supreme Court Act requires that «[a] ny person may be appointed a judge who is or has been a judge of a superior court of a province or a barrister or advocate of at least ten years standing at the bar of a province.»

When the Legislature provides a direct appeal to the superior courts, does that not signal a recognition of the superior court's expertise on questions of law, and also invite the exercise of that expertise by the superior courts?

Justice Ecker has been a judge of the superior court since 2014.

I'm going to explain and show for the next one they issue me, but I just wondered on the side if these «impose [d] monetary sanctions» were regulated because I called the number at the bottom of the superior court notice and the lady who answered seemed like she didn't know what the cost for such an «offense» was, but stated that if I sent $ 100 check to them, that would do it, which seemed arbitrary and suspicious; i.e., the whole first not knowing and then coming up with a round figure.

The report noted this review could be administered either by a statutory appeal provision in the tribunal's governing legislation or via the inherent jurisdiction of a superior court to engage in judicial review, but the report advocated more strongly for the statutory appeal over judicial review because: (1) the basis of the statutory appeal could be wider in scope and in remedies than judicial review; (2) the statutory appeal mechanism could be crafted to the unique characteristics of the impugned tribunal and direct the appeal to a particular level of court; and (3) the appeal would be less costly and more expeditious than judicial review.

Section 520 clearly envisions more than one opportunity to bring a bail review application and contemplates that different judges of the superior court will sometimes hear these applications.

The Tribunal takes up complaints referred to it by the Commission and holds all the powers of a superior court under the Constitution Act, 1867, which means it has similar power and authority to hear cases and render judgments.

However, if there is no victim in a deferred prosecution case, the prosecutor who renders the deferred prosecution decision shall directly send the case files to the chief prosecutor of the superior court or the attorney general for reconsideration.

487.01 (1) A provincial court judge, a judge of a superior court of criminal jurisdiction or a judge as defined in section 552 may issue a warrant in writing authorizing a peace officer to, subject to this section, use any device or investigative technique or procedure or do any thing described in the warrant that would, if not authorized, constitute an unreasonable search or seizure in respect of a person or a person's property if

A.R.S. § 36 - 2152, enacted in 2001, prohibits any physician from performing an abortion on an unemancipated minor without the written consent of one of the minor's parents or her guardian or conservator, or unless a judge of the superior court authorizes the physician to perform the abortion pursuant to prescribed procedures.

It was premised on the fact that, while we know that only approximately 2 % of superior court cases go to trial, we know very little about what happens to the other 98 % of filed cases.

magistrates, special or general magistrates of the superior court, family court, traffic tribunal or district court

Each of the partners benefited from the experience and expertise of the other: the Court and the NJI worked closely to develop programming, program ideas and techniques that found their way into NJI initiatives that were presented to larger judicial audiences, both of provincial and of superior court judges.

every clerk or general chief clerk of a superior court, family court, district court, or traffic tribunal

A study of the sentencing practices of superior court judges suggests that their elections influence their behavior, with judges handing out stiffer sentences from the time they take the bench to their first election.

A judge of a superior court is not liable for anything done by him while he is «acting as a judge,» or «doing a judicial act» or «acting judicially» or «in the execution of his office»... «What do all these mean?

I think each of the expressions means that a judge of a superior court is protected when he is acting in the bona fide exercise of his office and under the belief that he has jurisdiction, though he may be mistaken in that belief and may not in truth have any jurisdiction.

Christie offered two rationales for the decision to pass over Justice Helen Hoens in favor of superior court judge Faustino Fernandez - Vina: his interest in...

These have highlighted Alberta's low ratio of superior court level judges, relative to its population, compared with other provinces.

Section 5 (1) referred to in the Bill says that «Any person may be appointed a judge who is or has been a judge of a superior court of a province or a barrister or advocate of at least ten years standing at the bar of a province.»

Any person may be appointed a judge who is or has been a judge of a superior court of a province or a barrister or advocate of at least ten years standing at the bar of a province.

If we then refer to the conduct of the superior court, it reads (General Laws Part III Title I Chapter 212 Section 2):

The fundamental problem, he says, is the arbitrariness of a provision that allows a justice of the peace, in granting or denying bail for whatever reason, to limit the discretion of a superior court judge in deciding whether to grant enhanced credit.

So, now all of a sudden, we have a «justice» that has some kind of power, but that power is undefined except that is the «same» as the power of a superior court justice.

It has the all the powers of a superior court to compel attendance, examine witnesses, order production of documents, inspect documents and enforce its orders, and the powers of the Federal Court to award costs.

A report published last year by the commissioner of official languages recommended stricter tests for assessing the language skills of superior court judges.

It would seem that some Court of Appeal policy has caused the name to change as the matter moves from one level of the superior court to another.

That point is reached when the hearing fees in question cause undue hardship to the litigant who seeks the adjudication of the superior court.

83 The inherent jurisdiction of a superior court to stay proceedings as a measure of control over the judicial process was affirmed in R. v. Jewitt, [1985] 2 S.C.R. 128 (S.C.C.).

The state Supreme Court vacated the judgment of the superior court, holding that the plaintiff's expert's affidavit, combined with the documents that were available to the hearing justice, raised a material issue of fact as to whether Arden Engineering was responsible for Limoges's injury.

(i) A judge of a superior court may order the return of the deposit prior to the expiration of two years upon evidence satisfactory to the judge that there are no outstanding claims against the deposit or order the Secretary of State to retain the deposit for a sufficient period beyond the two years specified in subdivision (g) to resolve outstanding claims against the deposit account.

The two on June 29, spewed threats of death to Judges of the superior court in the case involving the Electoral Commission and Mr Abu Ramadan.

I have reviewed, in my discussion of the inherent authority of superior courts, why everyone who is in Canada is subject to Canadian law and the Canadian courts.

Our courts must be seen to apply the written law and (in the common law system) the rulings of superior courts.

Very simply, Masters in Chambers of a superior trial court occupy the bottom rung of the superior courts judicial ladder.

Section 96 of the Constitution Act, 1867 provides that judges of the superior courts shall be appointed by the Governor General.

As a constitutional responsibility, the maintenance of the superior courts does not compete with the government's discretionary expenditures.

* Study and explore the possibility of the development of a judicial protocol with the aim to: * Allow for communication among judges in overlapping class actions proceedings * Coordinate and harmonize activities in proposed overlapping class proceedings in order to maximize efficiency, reduce costs and avoid the duplication of effort; * Honour the independence and integrity of the superior courts while promoting inter-provincial cooperation and respect for comity; * Implement a framework of general principles to address basic administrative issues arising out of national and multijurisdictional class actions; and * Provide for nationally - accepted carriage motions.

Therefore, hearing fees that deny people access to the courts infringe the core jurisdiction of the superior courts and impermissibly impinge on s. 96 of the Constitution Act, 1867.»

The decision states that while court hearing fees are permissible in principle, those that present «undue hardship» to litigants, such that they are discouraged from accessing the court system, violate core jurisdictional principles within the Constitution: «The historic task of the superior courts is to resolve disputes between individuals and decide questions of private and public law.

[1] This declaratory power under section 52 (1) was not the preserve of the superior courts.

Such privative or ouster clauses have often been treated with a degree of contempt by the courts particularly if they are seen as an attempt to exclude the supervisory powers by way of judicial review of the superior courts over administrative action.

Judges of the superior courts (Courts of Appeal, Supreme Courts and Courts of Queen's Bench) are governed by the Canadian Judicial Council.

«What is the test upon which the judges of the superior courts are thus immune from liability for damages even though they are acting without jurisdiction?

With the Constitutionalization of judicial review as a central feature of the role of the superior courts in the guarantee and enforcement of the rule of law, it may be time for the legal evolution of judicial review / tribunal appeals to reach the stage of a comprehensive rationalization.

Unfortunately, in addition to refusing rectification, the Court, fearful of «pump [ing] theoretical steroids into the rectification doctrine and [giving] it the strength or force that the Supreme Court of Canada recently and consistently has declined to do» 10 also declined to recognize the general equitable jurisdiction of the superior courts to do justice between parties suffering from the unintended consequences of their mistakes.

Although the province can establish hearing fees under its power to administer justice under s. 92 (14) of the Constitution Act, 1867, the exercise of that power must also comply with s. 96 of the Constitution Act, 1867, which constitutionally protects the core jurisdiction of the superior courts... the fees impermissibly infringe on that jurisdiction by, in effect, denying some people access to the courts».

Although the province can establish hearing fees under its power to administer justice under s. 92 (14) of the Constitution Act, 1867, the exercise of that power must also comply with s. 96 of the Constitution Act, 1867, which constitutionally protects the core jurisdiction of the superior courts.

As a result, hearing fees that deny people access to the courts infringe the core jurisdiction of the superior courts.»

The historic task of the superior courts is to resolve disputes between individuals and decide questions of private and public law.