Cohen v. Cohen (2018 ONSC 1613) estate — consolidating — procedural motions — contracts — dependant's
relief application Justice R. Maranger
Not exact matches
After hearing the submissions as well as the
application,
Justice Obiozor granted all the
reliefs sought by the applicant and ordered the forfeiture of the properties to the Federal Government.
«That prior to the grant of the ex parte motion by the court in Abuja, the Federal Government had filed a similar
application before
Justice Olatoregun of the Lagos Division but failed to disclose the fact that it had obtained same
relief in Lagos.»
«(1) On an
application for
relief from any sanction imposed for a failure to comply with any rule... the court will consider all the circumstances including --(a) the interests of the administration of
justice; (b) whether the
application for
relief has been made promptly; (c) whether the failure to comply was intentional; (d) whether there is a good explanation for the failure; (e) the extent to which the party in default has complied with other rules,...; (f) whether the failure to comply was caused by the party or the party's legal representative; (g) whether the hearing date... can still be met if
relief is granted; (h) the effect which the failure to comply had on each party; and (i) the effect which the granting of
relief would have on each party or a child whose interest the court considers relevant.
It's also odd that
Justice Stevens didn't discuss the reasons (or lack thereof) cited by the condo for bringing this
application for such drastic
relief.
As a pupil, Zac was also involved in: R (on the
application of RWE Generation UK Plc) v Gas and Electricity Markets Authority [2016] 1 CMLR 17, a challenge against a decision modifying the charges imposed on users of the National Grid (as a pupil assisting Gerard Rothschild); Speed Medical Examination Services Ltd v Secretary of State for
Justice [2015] EWHC 3585, a judicial review challenging reforms to the process for handling whiplash claims (as a pupil assisting Gerard Rothschild); and an
application for interim
relief by a company that had been redesignated under a European Union sanctions regime (as a pupil assisting Maya Lester).
In a landmark judgment delivered by Mr
Justice Hayden on 8 February 2016, Christina Estrada successfully opposed an
application by her ex-husband, Saudi billionaire Dr Walid Al - Juffali, to strike out her claims for financial
relief following their divorce in 2014.
Moreover, it was argued the
Application Judge should have granted
relief based on the «interests of
justice» exception.
In the Chancery Division of the High Court of
Justice, Rory Brown advised and represented the respondent beneficiary to an
application by trustees for Re Beddoe
relief (whether to defend and counterclaim) and prospective costs orders.
In - chambers opinions are written by an individual
Justice to dispose of an
application by a party for interim
relief, e.g., for a stay of the judgment of the court below, for vacation of a stay, or for a temporary injunction.
Justice Richard N. Palmer asked if denial without a hearing was appropriate when, «even on the basis of the
application,
relief is not warranted?»
The respondent should have brought a motion to change the Order of Judge MacKenzie of the Ontario Court of
Justice and a separate
application regarding her claims for equitable
relief in the Superior Court of
Justice.
In Summit Navigation Ltd v Generali Romania [2014] EWHC 398 (Comm), Mr
Justice Leggatt gave guidance on how the courts should treat
applications for
relief from sanction under CPR Pt 3.9.
The appellants brought an action against their next door neighbour seeking injunctive
relief and damages for: (i) invasion of privacy arising from video and audio cameras which they say were trained on their property; (ii) nuisance arising from outside speakers, floodlights and the occasional errant hockey puck; (iii) trespass arising primarily from the construction of two fences; and (iv) abuse of process arising from an
application for a peace bond made by the respondents before a
justice of the peace.
In line with practitioners, who have argued that interest accrues continuously and that the CRA's administrative practice has no «fairness» rationale,
Justice Stratas accepted Mr. Bozzer's position that the 10 - year limitation period is the 10 years that end with the taxpayer's
application for
relief, regardless of the taxation year of the principal tax debt.