Sentences with phrase «order under appeal»

(2) On application by a party to the appeal, the Supreme Court may order that the order under appeal or a proceeding to enforce that order is not suspended and may attach conditions to the order.

[2] The appellant contends that the order under appeal in effect varied the order of the Ontario Court of Justice made under s. 29 of the Children's Law Reform Act, and that the Superior Court of Justice had no jurisdiction to make the order.

The Court of Appeal determined that the effect of the order under appeal was to «permanently foreclose» the Appellant from obtaining a determination of its claims against the personal defendants on their merits — a result that amounted to an injustice.

Not exact matches

As you recall, the U.S. Court of Appeals for the District of Columbia Circuit issued an order vacating Rule 151A under the Securities Act of 1933.

Those orders, now or soon to be under review in three separate federal appeals courts, declared that President Trump and his aides very likely violated federal law in acting to shut down DACA.

But for good measure, and given the risk of appeal, Justice Macintosh went on to give his reasons denying Burnaby's application and for supporting the NEB's reasoning in its Ruling No. 40 concluding (at para 80) that «under both... paramountcy and interjurisdictional immunity... Burnaby is precluded from seeking to apply its bylaws so as to impede or block any steps Trans Mountain must take in order to safely prepare and locate the Expansion Project.»

55 (1) Judicial review by the Federal Court of Appeal with respect to any order made under subsection 54 (1) is commenced by making an application for leave to the Court.

The founding generation eschewed any hypostatizing derailments, particularly the abandonment of the divine communion, and sought to transfer the responsibility as «carrier of the order of history» from the empire to the republican citizen who understood that «revelation» acted as «God's appeal to man to place himself under his order...»

The delegates are appealed to as individuals, yet we know they must act under compulsions and orders which are determined by all kinds of political stakes and decisions at home.

He attempted to enforce clerical celibacy, forbade pluralism, (the holding of two or more church offices and drawing the income from them), endeavored to exclude lay interference in ecclesiastical affairs, affirmed the right of Rome to review important cases under canon law and thus increased appeals to the Holy See, ordered that tithes for the support of the Church be given precedence over all other taxes, and took vigorous measures for the suppression of heresy.

«Judge Doty's order did not contain any determinations concerning the fairness of the appeals process under the CBA, including the commissioner's longstanding authority to appoint a designee to act as hearing officer.

Other examples would include Moos and McClure (where the Court of Appeal overturned the only successful kettling case to date) and the admittedly contentious decision in Abdul v DPP - the conviction under section five of the Public Order Act 1986 of those protesting in fairly vituperative terms («baby killers», «rapists», «murderers» etc) about the war in Iraq at a homecoming for British troops.

Essex County has chosen to appeal the ruling by State Supreme Court Justice Martin Auffredou ordering the county to release electronic ballot scans under a FOIL request filed by Essex County Democratic Party Chair Bethany Kosmider.

The election tribunals and Court of Appeal ordered the re-runs, after voiding the returns for most of the Rivers legislative seats, federal and state; before the Supreme Court, in a bizarre verdict, endorsed the governorship poll, held the same day, and under the same bloody conditions, as the state legislative elections.

A three - judge panel, under an order from the U.S. Court of Appeals, oversaw the redistricting.

Cuomo also signed a bill, whose sponsors included Sen. Michael Ranzenhofer, an Amherst Republican, to limit the time in which agencies can appeal a judge's order that information sought under the state's Freedom of Information Law be released.

The order was overturned by a federal judge and is under appeal.

In 2001 only the federal appeals court covering the states of Connecticut, New York, and Vermont had upheld the use of race in student assignment or magnet school admissions in school districts not already under court order; it did so on the grounds that the state had a compelling interest in racial diversity.

«The Court of Appeals finding properly acknowledges that the school district's responsibility under the IDEA is not to cure or remediate all effects of a child's disability, but to serve students with a demonstrated «need» for special education and related services in order to benefit from his or her education,» said NSBA Associate Executive Director and General Counsel Francisco M. Negrón, Jr. «Given that the student in this case is academically successful, it may be more appropriate to address non-educational concerns through other accommodations.»

The Dallas Crown horse slaughter plant in Kaufman, Texas was ordered closed by the town's Board of Adjustments in March of 2006, but managed to tie the process up with appeals until it was closed under an unrelated state law in 2007.

In order to vary the Dynasty Warriors series, and appeal to those that so quickly write off the series, developer Omega Force has been blending the game's hack - and - slash gameplay with strategic elements under the Empires banner.

In order to diversify its audiences and groom and appeal to the next generation of museum goers, the Tate in London is seeking a trustee under the age of 25 to bring a youthful lens to the institution's decision making.

There's not much of interest in it, except in the section on page 21 headed «Jurisdiction», where Dr Mann has withdrawn his objection that «an appeal of the denial of a motion to dismiss under the Act does not meet the stringent requirements of the collateral order doctrine».

Back on July 7, 2017, the D.C. Circuit Court of Appeals rejected FERC's order revising PJM Interconnection's «Minimum Offer Price Rule» (MOPR), saying FERC exceeded its Section 205 authority under the Federal Power Act by commanding an entirely different approach to the MOPR than what PJM's stakeholders agreed upon...

Under the new system, a simple European order for payment procedure will cost 100 euro, and an appeal before the labour courts will now cost between 500 and 10,500 euro, depending on the amount at stake.

Under the Immigration and Refugee Protection Act, a non-citizen loses the right to appeal a deportation order if he or she receives a sentence of at least two years.

Taylor Wessing has been ordered to disclose information it held about parties involved in litigation, in a landmark Court of Appeal decision on legal professional privilege under the Data Protection Act 1998 (DPA 1998).

In this case the Court of Appeal held that the father's obligation under the contact order was to «allow contact» and make the child available.

If the settlement provides for the payment of a lump sum in an amount offered by the insurer and, with respect to a benefit under the Statutory Accident Benefits Schedule that is not a lump sum benefit, the settlement contains a restriction on the insured person's right to mediate, litigate, arbitrate, appeal or apply to vary an order as provided in section 280 to 284 of the Act, a statement of the insurer's estimate of the commuted value of the benefit and an explanation of hoe the insurer determined the commuted value.

So far, the television programme has not had to alter its name for broadcast in the UK, under direction that the High Court order would not take effect until the Court of Appeal had reconsidered the issue.

Courts have consistently confirmed this in relation to article V (1)(c).837 For example, the United States Court of Appeals for the Fifth Circuit denied a party's attempt to raise a challenge under article V (1)(c) to oppose an order compelling arbitration, that is, before the arbitral proceedings had even taken place.838 The court noted that the provision could only be invoked by a party opposing enforcement of an award, which was not possible in circumstances where no award had been issued, and also unlikely where the party raising the challenge was the claimant in the would - be arbitration, and thus not the party who would be in a position to challenge any resulting arbitral award absent any counterclaims.839

However, a court may reduce (modify) to include any of the requirements relating to probation and community control, a legal sentence imposed by it within 60 days of its imposition; after the receipt by the court of a mandate issued by the appellate court upon affirmance of the judgment and / or sentence upon an original appeal; after receipt by the court of a certified copy of an order of the appellate court dismissing an original appeal from the judgment and / or sentence; or if further appellate review is sought in a higher court or in successively higher courts, after the highest state or federal court to which a timely appeal has been taken under authority of law, or when a petition for certiorari has been timely filed under authority of law, has written an order of affirmance or an order dismissing the appeal and / or denying certiorari.

Summary: The appellant requested the Supreme Court of Sweden to lift the confiscation of documents ordered by the Svea Court of Appeal under the Swedish Act on International Legal Assistance in...

Another law firm obtained, by summary judgment, an order for payment of its legal fees in the amount of $ 182,569.63 and an order dismissing a former client's counterclaim alleging negligence against it (2017 ONSC 3391, under appeal).

Section 21 (1) states that «an appeal lies to the appellate court from any judgment or order, whether final or interim rendered or made by a court under this act.»

The Consumer Credit Appeals Tribunal Rules 2008 (SI 2008/668)-- no credit token for guessing what they do — has also been brought into force on the same date — as has the Consumer Credit (Exempt Agreements)(Amendment) Order 2008 (SI 2008/645) which exempts from regulation by the CCA 1974 credit agreements entered into by the Urban Regeneration Board under the Leasehold Reform, Housing and Urban Development Act 1993 for the purpose of assisting first time residential buyers.

On May 31st the Newfoundland and Labrador Court of Appeal issued a judgement with a number of broad statements about the proportionality principle and how it ought to be applied by courts in crafting discretionary orders under civil rules.

«Critically, the Appeal Court affirmed Tibbles v SIG [2012] 1 WLR 2591, where the power to vary or revoke an existing order under CPR 3.1 (7) was confined to matters where something unexpected arose subsequently or the order was made in ignorance of a critical detail.

While an order by the College's inquiry committee's under HPA s. 35 was initially been set aside by a judge of the B.C. Supreme Court, the B.C. Court of Appeal allowed the College's aAppeal allowed the College's appealappeal.

ETI Euro Telecom International NV v Republic of Bolivia & Ors [2008] EWHC 1689 (Andrew Smith J): affi'd on Appeal successfully discharging a freezing order obtained under s. 25 of the CJJA 1982 and s. 44 of the Arbitration Act 1996 in aid of an ICSID arbitration.

The Court of Appeal assessed whether the High Court had jurisdiction to order disclosure and examination under section 266 of the Companies Act 1993.

The Criminal Code does not provide for appeals from orders under s. 487.3 (4)(sealing order) or s. 487.0193 (4)(revoking or varying the production order).

51 An appeal lies from an order or a refusal to issue an order under section 49 or 50 in the same manner as an appeal from a conviction or acquittal in respect of an offence mentioned in such section.

(3) An application for judicial review and any appeal from an order of the court on the application does not stay the decision made under this Act.

The Appeals Court decided that a contractor is liable under Chapter 93A for a building code violation even if the homeowner agrees to the work performed or even orders that it be done.

(2) An order of the Tribunal under clause 58 (8)(b) shall take effect immediately, but where there is an appeal, a judge of the Divisional Court may grant a stay until any appeal is disposed of.

(18) An appeal of a decision of the Tribunal to the Divisional Court or to the Minister under this section does not stay the operation of the decision, unless the Tribunal orders otherwise.

(16) Any party to a hearing before the Tribunal under this section may appeal from its decision or order on a question of law to the Divisional Court in accordance with the rules of court.

The Court of Appeal recently handed down judgment in Excalibur Ventures v Texas Keystone Inc [2016] EWCA Civ 3436 (Comm), which is an important case on the liability of third - party litigation funders for a non-party costs order under CPR 46.2.

There is a decision that I made that put a whole bunch of stuff in boxes under a confidentiality order, that the Court of Appeal said you're OK to do that, but you should have gone through all that and really seen what was and wasn't confidential.