Sentences with phrase «on equitable»

Here we have all the markings for a court to act on equitable principles by forcing S to transfer to A.

«In the event of relocation, the landlord will pay to the tenant on an equitable basis, for capital costs incurred by tenant for new trade fixtures as a direct result of such relocation.»

Based on the decision, the builder would have to foreclose on the equitable mortgage and the buyer would have a limited time to bring the payments up to date.

; Felder v. Allsopp, 391 A. 2d 243, 245 (D.C. 1978)(referring to the court's jurisdiction over visitation, custody, and divorce, based on its equitable powers rather than section 11 - 1101 (4)-RRB-.

However, when a couple can not reach an agreement, the court steps in and decides on the equitable division of marital property.

When you divorce or legally separate, your marital property will be split between the two of you on an equitable basis, unless other arrangements have been specified.

Distribution should occur on an equitable (fair) basis.

Following a divorce trial, the court will decide on an equitable settlement that will not require the spouses» signatures.

Choosing the right law firm to represent you can make a dramatic impact on your equitable property division settlement.

The new arrangements aimed to remove, or at least reduce, barriers that prevent Indigenous peoples from accessing existing mainstream services on an equitable basis.

This is to be achieved by removing or reducing the barriers that prevent Indigenous peoples from accessing existing mainstream services on an equitable basis.

Making its assessment on an equitable basis, the court awarded the applicants $ 5,000 in total in respect of non-pecuniary loss pursuant to Art 41.

Further, s. 23 of the B.C. Arbitration Act requires an arbitrator to decide an arbitration «by reference to law,» unless the parties agree that the matter may be decided on equitable grounds.

The announcement also says that «Respondents have not prevailed on any equitable or FRAND defense».

Focus should be on the equitable underlying purpose of the humanitarian and compassionate relief application process, not seeing the guidelines as the only possible formulation for relief.

I have therefore decided, on equitable grounds, that it is well within my remedial authority to restrain and «estopp» the employer or its servants from denying the existence of an enforceable employment contract, arising from the Resolution of July 19th, where the exercise of good faith and alacrity might have ensured its existence.

The proper approach is more consistent with the goals of s. 25 (1) of the Immigration and Refugee Protection Act and focuses more on the equitable underlying purpose of the humanitarian and compassionate relief application process, seeing the words in the Guidelines as being helpful in assessing when relief should be granted in a given case, but without treating them as the only possible formulation of when there are humanitarian and compassionate grounds justifying the exercise of discretion.

The case revolves around the issue of interpretation of certain provisions of the underling agreement and the interplay between the English law rules on equitable set - off and Russian foreign currency exchange regulations.

An arbitration tribunal shall decide the dispute in accordance with the law unless the parties agree in writing in accordance with section 23 of the Act that the matter in dispute may be decided on equitable grounds, grounds of conscience or some other basis.

He also relied on the equitable consideration that the government had changed its policy virtually on the eve of the hearing, which meant that Ms. Josef was deprived of a decision on the merits of the case, and effectively threw all of her costs away.

Acted for respondents in an appeal seeking to re-instate a Mareva injunction that had been quashed on equitable grounds based on the conduct of Royal Bank of Canada.

If you instead took a course on equitable remedies, you could apply it to any niche you practice in.

ABN AMRO Mortgage Group v Household Mortgage Michigan Court of Appeals Docket Nos 265518, 266274 (August 8, 2006)(affirming lower court decision to grant summary disposition to client on equitable subrogation and slander of title claims)

In addition, we serve as a watchdog and oversight group to ensure that public and private resources are distributed on an equitable basis.

Ensure that all public legal information produced in digital format is available to the public on an equitable, no - fee basis.

The Chirwa test is based on equitable principles framing the idea of compassion as the central feature.

Unfortunately, if the intervention was based mainly on the equitable doctrine of actual notice, it probably did little justice to the scheme of the Ontario Land Titles Act.

In support of its decision to decline to treat any part of the temporary alimony as an advance on equitable distribution, the family court noted that both parties treated the payments as alimony for tax purposes.

We agree with Husband that this alone would have been insufficient to support the family court's refusal to exercise the discretion it reserved in the temporary order to treat alimony paid during the pendency of the litigation as an advance on equitable distribution.

Property is divided on an equitable - distribution basis, which often results in an equal split of marital property and debt.

The Court of Appeals found the agreement on equitable distribution was not unconscionable.

You should consult with your Virginia divorce lawyer concerning the likely effects of spousal misbehavior on an equitable distribution award.

This case does not involve any factors, such as inadvertent mistake or newly discovered evidence, that might, on equitable grounds, relieve Otis from the application of judicial estoppel.

The appellate court affirmed the appeal of the postjudgment appeals ruling, finding the trial judge properly found the «gist» of the complaint / cross-claims were to enforce provisions of the governing documents on equitable theories such that plaintiff prevailed and was entitled to fees under Civil Code section 1354 (c).

Not on equitable principles, said the court:

His decision was made in the Family Division, but — many years after the disposal of financial issues between the parties — was decided on equitable principles.

Developed countries — the biggest historical emitters — would «contract» emissions the most, so that emissions would «converge» on equitable shared per capita emissions.

Our recent #BBSPchat Twitter conversation between bike share stakeholders showed ideas on equitable strategies, as well as the unresolved tensions that need to be addressed.

As cities focus increasingly on equitable access — system reliability, affordability, safe places to ride — ridership is growing and becoming more reflective of city racial and socio - economic demographics.»

The key is returning all revenues to citizens on an equitable basis.

Under the AWG - LCA, an in - session workshop on equitable access to sustainable development was held.

This technical document discusses the Clean Development Mechanism (CDM) and focuses on the equitable distribution of CDM projects.

For the other aspect, its international responsibility, my understanding is China will take its responsibilities as a large developing country, but certainly subject to its capabilities, also on an equitable basis.

To be meaningful and credible, a long term goal must have a base year, it must be underpinned by ambitious mid-term targets and actions and it should be based on an equitable burden - sharing paradigm.

This strategy defines sustainable tourism development as «the optimal use of natural, cultural, social and financial resources for national development on an equitable and self - sustaining basis, to provide a unique visitor experience and an improved quality of life through partnerships among governments, the private sector and communities».

Perhaps an announcement that only books made available for purchase to libraries in * all * formats, on an equitable basis, will be considered eligible for the Newbery and Caldecott medals in 2013 would get the attention of RH, Penguin, and the others.

Candidates shall not be deemed ineligible because an individual used Federal facilities or consulted with Federal employees during a competition, if the facilities and employees are made available to all individuals participating in the competition on an equitable basis;

(C) in a case where no party owns more than 50 percent of a station, the persons providing intercity or commuter rail transportation to such station and the owners of the station, other than private party owners, as allocated on an equitable basis by regulation by the Secretary of Transportation.

A portion of the funds are allocated to «provide benefits and services, on an equitable basis, to eligible private school students» (equitable services).

We are focused on equitable outcomes for students K - 12.