Sentences with phrase «res judicata from»

Acted for the administrators of an estate in relation to a dispute concerning ownership of a company's shares, including defending a summary judgment application involving questions of res judicata from previous decisions in parallel foreign proceedings.

Not exact matches

Moreover, it is apparent from the case - law -LSB-...] that the legislation indicated «that property not belonging to private persons shall be administered and alienated according to the specific rules applicable to them; that, in respect of property belonging to public entities, even those pursuing industrial and commercial activities, the principle of non-seizability of that property precludes recourse to private - law enforcement remedies; that only the creditor who has obtained an enforceable favourable judicial decision having acquired the force of res judicata and ordering a public entity to pay, even provisionally, an amount of money, may have enforced the specific rules [applicable].

The key to what distinguishes Judicata from other research platforms is its ambitious effort to «map the legal genome» — that is, to map the law with extreme accuracy and granularity.

The doctrine of res judicata prevents a party who failed to participate in divorce proceedings and did not appeal the award of spousal maintenance in a default decree from being granted a modification based on facts that could have been raised at the hearing.

Yet the doctrine of res judicata does not prevent a party from introducing evidence of circumstances that existed at the time of the dissolution in order to show that a change in circumstances has occurred since the divorce.

Estoppel and res judicata arising from The Law Society of Upper Canada disciplinary findings.

What is the law on res judicata and uninsured motorist benefits now, and where will it likely go from here?

With $ 8 million in backing from some big - name investors, including PayPal cofounder Peter Thiel and Box founders Aaron Levie and Dylan Smith, Judicata aims to deliver a legal research platform that is «unprecedented in its precision, relevancy and simplicity.»

Vexatious Litigants: Where claims have already been adjudicated, litigants are barred from using re-litigating, based on the doctrine of res judicata.

In addition, the ex-husband claimed that, based on the Supreme Court judgment in the parties» matrimonial action, the ex-wife, whose two prior small claims actions had been dismissed, was precluded from bringing this action under the doctrine of res judicata.

Enmax Energy Corp. v. TransAlta Generation Partnership 2015 ABCA 383 Arbitration — Estoppel Summary: The appellant appealed a chambers judge's decision where he held that the parties to an arbitration were not bound by a prior arbitration award involving the same parties, that a party (in this case, the respondent) was not estopped from taking certain positions in the current arbitration as a result of the prior arbitration decision, and that the doctrines of res judicata and issue estoppel did not apply to arbitration awards.

Potential perils of arbitration include the complexity of patent law, which can be difficult to manage for an inexperienced arbitrator; the uncertainty surrounding the application of res judicata in arbitration which may lead to separate arbitrations for each infringement; and a limited ability to appeal which may produce awards that deviate from accepted patent law (Ferguson, Cappella and Sandhu, 2014).