Sentences with phrase «providing declaratory»

Despite this finding, the Court expressed the appropriate deference to the government and respect of the prerogative powers of the executive by providing declaratory relief instead of a specific remedy, given that,

Accordingly, the Court ruled that it would only provide the declaratory relief of ruling that Mr. Khadr's section 7 Charter right had been breached, and that Canada had participated in a process that was contrary to its international legal obligations.

Not exact matches

The Massachusetts judge who found in favor of Chevedden and McRitchie observed that seeking a declaratory judgment in the courts amounts to ««reversing the statutory scheme,» and would also deny the SEC of its role, as the procedures of the SEC provide shareholders with a «relatively inexpensive opportunity to get claims disputes resolved,»» according to the investor letter.

The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.

This is an action for declaratory judgment and injunctive relief challenging the legality of JEA's Distributed Energy Policy, effective April 1, 2018, («JEA's Energy Policy»), attached hereto as Exhibit A, which fails to provide a net metering program as required by Florida law.

D. Award spousal maintenance in such amount as is reasonable and necessary; OR Enter a Declaratory Judgment providing that neither party is in need of or qualifies for an award of spousal maintenance;

(9) The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.

The Court held that in the circumstances the bank's refusal to provide its consent was unreasonable and the claimants were therefore entitled to declaratory relief.

The child submitted on appeal that the only factor to be considered by the judge hearing an application for a declaratory order was the child's age — and therefore, it was unnecessary to name the parents as parties or provide notice to them where the child was 16 or older because they could not contest the relief in any event.

Mike provides claims handling and coverage advice to insurers, defends bad faith suits, and litigates declaratory relief and contribution actions.

The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.

St. Paul Fire & Marine Insurance Company («Company») filed a separate action seeking a declaratory judgment that it had no duty provide insurance coverage to the Brokerage in the Buyers» lawsuit.