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 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.
(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.