Sentences with phrase «superior court under»

Corporate partner Guy Allard from Canadian firm Frasner Milner Casgrain is advising Saint - Laurent, Quebec - based Aveos in bankruptcy proceedings in Quebec superior court under Canada's Companies» Creditors Arrangement Act.

The Tribunal takes up complaints referred to it by the Commission and holds all the powers of a superior court under the Constitution Act, 1867, which means it has similar power and authority to hear cases and render judgments.

Not exact matches

This past October, a superior court judge concluded a yearlong legal battle, confirming that parents have the right under the parent trigger law to transform their school, while ordering the school district to abide by the parents» petition.

Quite simply, the court drew a bright - line rule, stating that when an employer makes such an admission, only claims under respondeat superior are appropriate.

A defendant in a criminal proceeding may petition to the superior court for a writ of prohibition to prevent an inferior court from proceeding with the case because it does not fall under its jurisdiction.

As can be seen in this appeal, the creation of national classes also raises the issue of relations between equal but different superior courts in a federal system in which civil procedure and the administration of justice are under provincial jurisdiction.

[1] This declaratory power under section 52 (1) was not the preserve of the superior courts.

As mentioned in Auto Equity Sales v. Superior Court before the California Supreme Court and as brought in the Wikipedia article on precedent: «under the doctrine of stare decisis, all tribunals exercising inferior jurisdiction are required to follow decisions of courts exercising superior jurisdiction.»

Provincial superior courts recognized by s. 96 «have always occupied a position of prime importance in the constitutional pattern of this country», and the Federal Court, by contrast, «has only the jurisdiction conferred by statute», and being a statutory court, created under the constitutional authority of s. 101, does not have inherent jurisdiction (emphasis in origiCourt, by contrast, «has only the jurisdiction conferred by statute», and being a statutory court, created under the constitutional authority of s. 101, does not have inherent jurisdiction (emphasis in origicourt, created under the constitutional authority of s. 101, does not have inherent jurisdiction (emphasis in original).

I think each of the expressions means that a judge of a superior court is protected when he is acting in the bona fide exercise of his office and under the belief that he has jurisdiction, though he may be mistaken in that belief and may not in truth have any jurisdiction.

When the preliminary inquiry judge makes an order of committal he must transfer the record of the matter (the information, evidence, exhibits and statements made under s. 541, release documents, etc) to the superior court.

Before trial, the driver argued that evidence of his blood alcohol content (BAC) should be suppressed because his lack of privacy to freely communicate with his attorney resulted in a violation of his rule based right to counsel under CrR 3.1 of the criminal rules for superior court in Washington State.

2 (1) The Court of Appeal for Ontario is continued as a superior court of record under the name Court of Appeal for Ontario in English and Cour d'appel de l'Ontario in FrCourt of Appeal for Ontario is continued as a superior court of record under the name Court of Appeal for Ontario in English and Cour d'appel de l'Ontario in Frcourt of record under the name Court of Appeal for Ontario in English and Cour d'appel de l'Ontario in FrCourt of Appeal for Ontario in English and Cour d'appel de l'Ontario in French.

Private actions under the Act may be commenced in provincial superior courts or the Federal Court.

Applications under section 20 do not require a designated judge, but the FHRMIRA's definition of «Court» requires that this application be heard in a superior court, for example the Court of Queen's Bench of Alberta (FHRMIRA section 2, Divorce Act, RSC 1985, c 3 (2nd Supp), section 2 (1)-Court» requires that this application be heard in a superior court, for example the Court of Queen's Bench of Alberta (FHRMIRA section 2, Divorce Act, RSC 1985, c 3 (2nd Supp), section 2 (1)-court, for example the Court of Queen's Bench of Alberta (FHRMIRA section 2, Divorce Act, RSC 1985, c 3 (2nd Supp), section 2 (1)-Court of Queen's Bench of Alberta (FHRMIRA section 2, Divorce Act, RSC 1985, c 3 (2nd Supp), section 2 (1)-RRB-.

Ultimately, the court concluded that since the employer admitted that the employee was acting within the scope of her employment at the time of the accident, the employer only can be held liable under the theory of respondeat superior.

This may be explained by the fact that, while an application for a restraining order is more cumbersome and less immediate than an EPO application because it must be made to a superior court (i.e. the Court of Queen's Bench), restraining orders can be made in circumstances that are broader than those in which EPOs and QBPOs can be granted under the Pcourt (i.e. the Court of Queen's Bench), restraining orders can be made in circumstances that are broader than those in which EPOs and QBPOs can be granted under the PCourt of Queen's Bench), restraining orders can be made in circumstances that are broader than those in which EPOs and QBPOs can be granted under the PAFVA.

Here, the Barreau du Quebec went to the superior court to seek freezing orders in respect of accounts held by a lawyer who was under investigation.

The accused may only be released by a superior court judge under s. 522.

Finally, the Federal Court was not the appropriate forum in which to address the issue, given the minor role the court plays in issues under the Divorce Act and the breadth of the jurisdiction and expertise of the provincial superior courts in matters related to divorce and child supCourt was not the appropriate forum in which to address the issue, given the minor role the court plays in issues under the Divorce Act and the breadth of the jurisdiction and expertise of the provincial superior courts in matters related to divorce and child supcourt plays in issues under the Divorce Act and the breadth of the jurisdiction and expertise of the provincial superior courts in matters related to divorce and child support.

Although the province can establish hearing fees under its power to administer justice under s. 92 (14) of the Constitution Act, 1867, the exercise of that power must also comply with s. 96 of the Constitution Act, 1867, which constitutionally protects the core jurisdiction of the superior courts... the fees impermissibly infringe on that jurisdiction by, in effect, denying some people access to the courts».

The supreme judicial and superior courts shall have original and concurrent jurisdiction of all cases and matters of equity cognizable under the general principles of equity jurisprudence and, with reference thereto, shall be courts of general equity jurisdiction, except that the superior court shall have exclusive original jurisdiction of all actions in which injunctive relief is sought in any matter involving or growing out of a labor dispute as defined in section twenty C of chapter one hundred and forty - nine.

Judges are mostly administered by the superior court they fall under, with the Chief Justice of SCOTUS administering the U.S. Federal system.

Although the province can establish hearing fees under its power to administer justice under s. 92 (14) of the Constitution Act, 1867, the exercise of that power must also comply with s. 96 of the Constitution Act, 1867, which constitutionally protects the core jurisdiction of the superior courts.

We emphasize that this does not deprive the judge of a remedy where procedural or fairness issues arise in an inquiry, just that the sui generis judicial conduct process under the Judges Act has built into it a mechanism (by way of appeal from the Committee to the Council at the end of the inquiry process) to address those issues through the Council which is itself a superior court.

On issues such as the content of the record on judicial review applications, the extent to which administrative decision - makers can participate in judicial reviews of their decisions, superior court review of federal prison decisions and tribunals» capacity to reconsider their decisions, Canadian courts have recently come under pressure to update the procedural law to bring it into line with the substantive law.

Until January 1, 2015 under the old copyright border regime, a copyright owner could only get Canadian Customs officers at the border to detain suspected infringing copies of works if the copyright owner or exclusive licensee had a court order from the Federal Court of Canada or from a superior court of law in one of the provicourt order from the Federal Court of Canada or from a superior court of law in one of the proviCourt of Canada or from a superior court of law in one of the provicourt of law in one of the provinces.

By virtue of well - established provincial judicature statutes and under common law, injunctive relief falls within the inherent jurisdiction of Canadian superior trial courts.

Trade secrets cases typically arise in the provincial superior courts on issues of employees leaving for competitors, a break down in a contractual relation or applications over handling of private information encompassed within responses under various freedom of information legislation.

[9] «The Canadian Judicial Council is a federal body created under the Judges Act with the mandate to promote efficiency, uniformity, and accountability, and to improve the quality of judicial service in the superior courts of Canada.»

You will have to check with the superior court in the county where you got the ticket to determine how to pay for the traffic tickets that are eligible under the amnesty program.

The court stated that in order for the Brokerage to be liable under a theory of respondeat superior, the jury would need to find that the Salesperson was acting within the scope of her duties for the Brokerage.

Under the civil regime of the Competition Act, certain practices may be brought for review before the Competition Tribunal, the Federal Court or the superior court of a provCourt or the superior court of a provcourt of a province.