Sentences with phrase «order granting leave»

[1] The moving party, Amnesty International («Amnesty»), brings this motion for an Order granting it leave to intervene in three related actions brought by the individual plaintiffs, Mayan Q'eqchi» individuals from Guatemala, who claim alleged human rights abuses committed against them by the subsidiaries of Canadian mining companies.

Furthermore, the Court concluded that «such a process would be impractical, unnecessarily cumbersome and inefficient and in contradiction to the spirit of Rule 1.04» of the Ontario Rules of Civil Procedure and the Court therefore exercised its discretion under that rule to make an order granting leave to the Defendant to examine the Plaintiff's wife for discovery.

Once that threshold has been met and a person has been shown to have information relevant to a material issue in the action, the Court shall not make an order granting leave to examine a non-party unless it is satisfied that (subrule 31.10 (2)-RRB-:

If the appellant did not have an automatic right of appeal but was given leave to appeal, he or she must serve you with a notice of appeal in Form 1a within 10 days after the date of the order granting leave to appeal.

A party wishing to examine a non-party must seek leave of the Court for an order granting leave to examine the non-party, which order shall not be granted unless the person has information relevant to a material issue in the action, the moving party has been unable to obtain the information from the party to the action, it would be unfair to require the moving party to proceed to trial without the opportunity to examine the non-party and the examination will not unduly delay the commencement of the trial, entail unreasonable expense for other parties or result in unfairness to the person the moving party seeks to examine.

The Plaintiffs brought a motion for an order granting leave to add additional defendants to the action.

Earlier this year, BCNET Networking Society (BCNET) successfully appeals an order granting leave to appeal an arbitrator's award and varying the award.

S - Net Freight (HK) Ltd v Namsung Shipping Co Ltd: application to set aside order granting leave to serve writ out of the jurisdiction.

The record means the aggregate of papers relating to an appeal proper (including the pleadings, proceedings, evidence, judgments and order granting leave to appeal) to be laid before Her Majesty in council on the hearing of the appeal.

The order granting leave by the court followed the hearing of an argument in court on exparte motion by SERAP counsel Ms Bamisope Ibidolapo.

Not exact matches

The grant announcement comes weeks after the Canada Industrial Relations Board issued an interim order for the airline to stop recruiting pilots through two - year leaves of absence to fly for its new ultra-low cost carrier Swoop.

Officials said the order would affect about 300,000 workers who otherwise would not have paid sick leave and grant other workers more days than they would otherwise have.

Because Meggett was scheduled to be in Florida for a Dec. 7 game against the Jaguars in Jacksonville, the court granted Estabrook a writ of ne exeat (literally, a «no exit» order) against Meggett, which would have prevented him from leaving the state until he posted a $ 25,000 bond.

Rumours had emerged claiming that Alexis Sanchez had been granted leave from his training camp in South America in order to complete a move ahead of tonight's 11PM deadline, but coach Juan Antonio Pizzi has denied giving such allowances.

Sanchez CAN play on the left, as we have seen him do on numerous occasions for Barca, granted not as much as we saw him playing on the right... But my point is that, in order to fit them both in the team, Sanchez should play on the left... However, I have a feeling Walcott will come off the bench against City anyway, just coming back from injury...

Grujic was only granted a work permit last week and left the country on Sunday, spending the night in Paris before flying back to the UK, in order to satisfy the bizarre regulations.

I am left confused because I am wondering why the petitioners weren't bold enough to ask the party to also call the founder to order or take a disciplinary action against him too, certainly it therefore defeats the ideals of fairness and justice that they sought to seek for which the quoted article 47 of the NDC party constitution as basis for their action; does it grant some immunity to the former president, I doubt and therefore see the action of the petitioners very flawed and skewed.

The U.S. Supreme Court is granting the Trump administration's request to more strictly enforce its ban on refugees, at least until a federal appeals court weighs in, but leaving in place a lower court order that makes it easier for travelers from six mostly Muslim countries to enter the United States.

DSS besieged Dasuki's residence on November 3 after the court ordered that his passport be released granting him the leave to travel abroad for medical treatment.

Already in the primary, Nixon has been credited with pushing Cuomo to the left on some issues, including his executive order granting paroled felons the right to vote in the state.

Nnamdi Kanu was granted bail on a lesser charge but was rearrested on two occasions until the government filed higher charges relating to terrorism and treason and found courts which rightly on the basis of the more severe charges refused bail; Dasuki's case is more complicated - today there are valid orders of bail made by several courts in his favour, but he has consistently been re-arrested and a charge of leaving the army improperly over two decades ago is now being added to his alleged crimes -LRB-!)

Justice Idris granted the order for leave following the hearing of an argument in court on exparte motion by SERAP counsel Mrs Joke Fekumo.

Recently, a fourth development grant was awarded to the European Biomedical Institute to build a sister infrastructure to the DCC for data aggregation and analysis, in order to allow federated access via the Portal to data that may not leave Europe.

The court grants order absolute and the house then belongs to the lender and you have to leave the property.

Ultimately, while the Fecek court granted the debtor a partial reprieve from crushing student loan debt, the court simultaneously left the debtor with enough debt that the debtor would still need to adjust her expenses and lifestyle in order to make the payments.

Ultimately, the court granted an order prohibiting him from commencing any further court proceedings except with leave of the court.

Recent court of appeal decisions appear to suggest that the granting of leave is so restrictive that once a care order has been made there is little prospect of a parent being granted permission to defend an adoption and the Legal Services Commission is reluctant to grant funding to parents to cover such applications.

In P (A Child)[2007] EWCA (Civ 1265, [2007] All ER (D) 475 (Nov)-RRB-, a parent's appeal against the refusal to grant leave to oppose an adoption order was dismissed by the Court of Appeal, despite the parents having been assessed fit to care for their second child and those of a previous relationship of the father.

The mother was granted leave to revoke these placement orders, as she had shown a change in circumstances by her cessation of substance and alcohol abuse, part - time employment, domestic violence and HIV counseling, a clean, tidy house and a new non-violent partner.

The documents at issue were drawn up by the Legal Service not in connection with any pending cases and the Commission had only applied for leave to intervene, an application that was ultimately not granted because the cases were settled by way of orders, thus logically implying that if the court proceedings exception ever applied, it has by now ceased to do so.

If such leave is granted, and a trial certificate is filed in accordance with the order, that filing would not have the effect of restoring the trial to the trial list from which it had been removed.

A useful clarification that the Supreme Court could have made if it had granted leave is the extent of the causal connection required between provisions of the ITA and the adverse impact it has on a particular group in order to make out an adverse effects discrimination claim.

Heartless bypass The ECtHR stated in its judgment that had the authority sought to evict the husband under the Housing Act 1985, s 84, it would have been open to him to ask the court to determine whether or not the wife had really left the home because of domestic violence and whether or not, in his personal circumstances, including his need to provide accommodation for his children during overnight visits several time a week, it was reasonable to grant a possession order.

- As to a wrong value at the hearing which led to an order different to the one which a right value would have attracted, leave could be granted provided the party alleging the mistake had not been at fault.

The Court then focused on areas where PHIPA intertwines with the Court system: i.e. the Commissioner can refuse to deal with complaints that are better left to another tribunal (s. 57 (4)(b)-RRB-; 8 immunity in an action is granted to entities who have, in good faith, attempted compliance with the statute (s. 71); 9 and damages must be sought in the Court once the Commissioner has made an Order (s. 65).10

The Divisional Court refused to grant the defendants leave to appeal an order denying them a stay of the plaintiff's solicitor's negligence action.

The two were quite distinct, and Parliament clearly intended that s 24 (5) should only apply where a substantive application for the revocation of a placement order had been made — in other words, the applicant had got over the leave hurdle, and was making a substantive application which, consequent upon the grant of leave, would be likely to have been perceived as having a real prospect of success.

The corporate client shall, within 30 days after being served with the order removing the lawyer from the record, appoint a new lawyer of record by serving a notice under subrule 15.03 (2); or obtain and serve an order under subrule 15.01 (2) granting it leave to be represented by a person other than a lawyer.

The motion before Lederer was for leave to appeal an order granting the motion of the plaintiff to continue a Mareva injunction which had initially been granted ex parte; that is, without notice to, or participation of, the defendants.

The Appellant sought leave to appeal the costs order, which was granted on June 16, 2016.

That is not a problem because the Supreme Court's mandate, having granted leave, is to make the decision that ought to have been made by the lower court from which the appeal comes; or order a new trial if that is the proper decision (if the decision appealed from was «against the weight of the evidence); or remand the appeal or any part of the appeal to the court appealed from for additional consideration in accordance with the direction of the Court: the Supreme Court of Canada Act, R.S.C. 1985, c. S - 26, ss.

Section 24 (5) of the Adoption and Children Act 2002 — «where (a) an application for the revocation of a placement order has been made and has not been disposed of, and (b) the child is not placed for adoption by the authority, the child may not without the court's leave be placed for adoption under the order» — applies only where a substantive application for the revocation of a placement order has been made, ie the applicant, having got over the leave hurdle, is making a substantive application which, consequent upon the grant of leave, would be likely to have been perceived as having a real prospect of success.

An order was granted with a short return date, and it was left to the applicant's counsel to draw up the necessary order.

Van Rensburg, J. granted applications by Her Majesty the Queen and LawPRO for an order under s. 140 of the Courts of Justice Act, declaring a particularly determined plaintiff to be a vexatious litigant and prohibiting him from instituting or continuing any proceeding, except with leave of a judge of the Superior Court.

The second branch upon which leave may be granted requires the moving party to establish that there is «good reason to doubt the correctness of the order in question», and that the proposed appeal «involves matters of such importance» that leave should be granted.

The court will be routinely asked to grant leave for those persons to bring such applications and they will obtain orders for permanency for the child.

Advocates for the Rule of Law was granted leave to intervene in the Courtoreille Appeal by Order of the Honourable Justice Brown today.

Pursuant to the Order of the Honourable Justice Brown, Advocates for the Rule of Law was granted leave to intervene in the Courtoreille Appeal.

Where leave is granted, the Federal Court Order will include the time limits within which cross-examinations, if any, on affidavits are to be completed.

As noted in my previous post, on April 27, 2017, the SCC granted leave to appeal (without reasons) the judgment of the Ontario Court of Appeal of September 13, 2016 which had ordered the prompt return of the children to Germany.