Sentences with phrase «such an award existed»

Not exact matches

Since then, SCASDP awards have helped more than 300 communities develop projects tailored to their own air service needs, such as providing financial incentives to carriers, conducting studies on the possibilities of expanded service, and carrying out marketing programs to promote existing local service.

The president went so far as to say that: «We would encourage tribunals to henceforth only make «split awards» between such respondents (as regards the same injury or loss) if such an order is positively sought by one of the parties and if it is clearly demonstrated what proper legal basis (ie something other than CLIA 1978) exists...»

The court would not be bound to recognise the judgment in the presence of an enforceable New York Convention arbitral award, but if such an award does not exist (which is likely in such circumstances) it is, on the wording of the Regulation, arguably bound by the recognition and enforcement articles of the Brussels I (recast), even though this may offend the court's pro-arbitration stance.

All three elements must exist for the claim to succeed, and the circumstances must be such that it would be unconscionable not to make an award.

As noted in the statement accompanying the bill, existing provisions in the State's Tort Claims Act generally restrict or prohibit such damage awards.

In B.C. the scope of appellate intervention in commercial arbitration is narrow: there is limited jurisdiction for appellate review of arbitration awards because B.C. is statutorily limited to questions of law (Arbitration Act, s. 31); even where such jurisdiction exists, the S.C.C. held that a deferential standard of review — reasonableness — «almost always» applies to arbitration awards (Sattva Capital v. Creston Moly Corp., [2014] 2 S.C.R. 633, at paras. 75, 104 and 106).

Having already held that no such conflict of interest existed, the Court rejected the alleged conflict as a basis for awarding costs.

You can not afford to risk your existing assets such as your income, retirement savings, college funds, salary and other assets which might have to be used to pay a liability award above the existing liability limits on your current insurance policies.

State - specific scholarships also exist for students in New Hampshire such as the Steven Cutter Award, which is available to students in New Hampshire, as well as a variety of other New England states.

Factors considered by the court when awarding custody may include the age of the parent and child, the physical and mental condition of each parent and child, the relationship existing between each parent and each child, the needs of the child, the role played by each parent in the upbringing and caring for the child, the home where the child will live, and the child's wishes if the child is of sufficient age, intelligence, and maturity to make such a decision.

To win sole physical and legal custody, you must show the court that awarding you custody is in the best interests of your child due to factors such as your existing relationship with the child; stability of the home life you provide; inability of the father to meet the child's needs; father's lack of involvement in the child's life; father's failure to financially support the child; father's violent behavior toward you or the child; or father's substance abuse issues.

He suggested that interim measures might need to be employed, such as extending the existing scholarship programmes administered by SARRAH for six months (until mid-2017), so that scholarships could be awarded for next year.

Annulments treat the marriage as if it never existed and do not involve many of the time consuming issues associated with divorce, such as dividing property and awarding alimony.

In making an equitable apportionment of marital property, the family court must give weight in such proportion as it finds appropriate to all of the following factors: (1) the duration of the marriage along with the ages of the parties at the time of the marriage and at the time of the divorce; (2) marital misconduct or fault of either or both parties, if the misconduct affects or has affected the economic circumstances of the parties or contributed to the breakup of the marriage; (3) the value of the marital property and the contribution of each spouse to the acquisition, preservation, depreciation, or appreciation in value of the marital property, including the contribution of the spouse as homemaker; (4) the income of each spouse, the earning potential of each spouse, and the opportunity for future acquisition of capital assets; (5) the health, both physical and emotional, of each spouse; (6) either spouse's need for additional training or education in order to achieve that spouse's income potential; (7) the non marital property of each spouse; (8) the existence or nonexistence of vested retirement benefits for each or either spouse; (9) whether separate maintenance or alimony has been awarded; (10) the desirability of awarding the family home as part of equitable distribution or the right to live therein for reasonable periods to the spouse having custody of any children; (11) the tax consequences to each or either party as a result of equitable apportionment; (12) the existence and extent of any prior support obligations; (13) liens and any other encumbrances upon the marital property and any other existing debts; (14) child custody arrangements and obligations at the time of the entry of the order; and (15) such other relevant factors as the trial court shall expressly enumerate in its order.