Sentences with phrase «third party to the proceedings»

In Jackson, the Court of Appeal has determined general intoxilyzer information is not the fruits of the investigation and not held by the «Crown» — Ottawa Police Service is, for Watt J.A., a third party to the proceedings against Mr. Jackson.

If there are gaps in the parties» disclosure even after the provision of this information and documentation then other tools are available, including ordering the disclosure of documentation from third parties, requesting the information from foreign courts and joining third parties to the proceedings.

Not exact matches

Such risks, uncertainties and other factors include, without limitation: (1) the effect of economic conditions in the industries and markets in which United Technologies and Rockwell Collins operate in the U.S. and globally and any changes therein, including financial market conditions, fluctuations in commodity prices, interest rates and foreign currency exchange rates, levels of end market demand in construction and in both the commercial and defense segments of the aerospace industry, levels of air travel, financial condition of commercial airlines, the impact of weather conditions and natural disasters and the financial condition of our customers and suppliers; (2) challenges in the development, production, delivery, support, performance and realization of the anticipated benefits of advanced technologies and new products and services; (3) the scope, nature, impact or timing of acquisition and divestiture or restructuring activity, including the pending acquisition of Rockwell Collins, including among other things integration of acquired businesses into United Technologies» existing businesses and realization of synergies and opportunities for growth and innovation; (4) future timing and levels of indebtedness, including indebtedness expected to be incurred by United Technologies in connection with the pending Rockwell Collins acquisition, and capital spending and research and development spending, including in connection with the pending Rockwell Collins acquisition; (5) future availability of credit and factors that may affect such availability, including credit market conditions and our capital structure; (6) the timing and scope of future repurchases of United Technologies» common stock, which may be suspended at any time due to various factors, including market conditions and the level of other investing activities and uses of cash, including in connection with the proposed acquisition of Rockwell; (7) delays and disruption in delivery of materials and services from suppliers; (8) company and customer - directed cost reduction efforts and restructuring costs and savings and other consequences thereof; (9) new business and investment opportunities; (10) our ability to realize the intended benefits of organizational changes; (11) the anticipated benefits of diversification and balance of operations across product lines, regions and industries; (12) the outcome of legal proceedings, investigations and other contingencies; (13) pension plan assumptions and future contributions; (14) the impact of the negotiation of collective bargaining agreements and labor disputes; (15) the effect of changes in political conditions in the U.S. and other countries in which United Technologies and Rockwell Collins operate, including the effect of changes in U.S. trade policies or the U.K.'s pending withdrawal from the EU, on general market conditions, global trade policies and currency exchange rates in the near term and beyond; (16) the effect of changes in tax (including U.S. tax reform enacted on December 22, 2017, which is commonly referred to as the Tax Cuts and Jobs Act of 2017), environmental, regulatory (including among other things import / export) and other laws and regulations in the U.S. and other countries in which United Technologies and Rockwell Collins operate; (17) the ability of United Technologies and Rockwell Collins to receive the required regulatory approvals (and the risk that such approvals may result in the imposition of conditions that could adversely affect the combined company or the expected benefits of the merger) and to satisfy the other conditions to the closing of the pending acquisition on a timely basis or at all; (18) the occurrence of events that may give rise to a right of one or both of United Technologies or Rockwell Collins to terminate the merger agreement, including in circumstances that might require Rockwell Collins to pay a termination fee of $ 695 million to United Technologies or $ 50 million of expense reimbursement; (19) negative effects of the announcement or the completion of the merger on the market price of United Technologies» and / or Rockwell Collins» common stock and / or on their respective financial performance; (20) risks related to Rockwell Collins and United Technologies being restricted in their operation of their businesses while the merger agreement is in effect; (21) risks relating to the value of the United Technologies» shares to be issued in connection with the pending Rockwell acquisition, significant merger costs and / or unknown liabilities; (22) risks associated with third party contracts containing consent and / or other provisions that may be triggered by the Rockwell merger agreement; (23) risks associated with merger - related litigation or appraisal proceedings; and (24) the ability of United Technologies and Rockwell Collins, or the combined company, to retain and hire key personnel.

These risks and uncertainties include competition and other economic conditions including fragmentation of the media landscape and competition from other media alternatives; changes in advertising demand, circulation levels and audience shares; the Company's ability to develop and grow its online businesses; the Company's reliance on revenue from printing and distributing third - party publications; changes in newsprint prices; macroeconomic trends and conditions; the Company's ability to adapt to technological changes; the Company's ability to realize benefits or synergies from acquisitions or divestitures or to operate its businesses effectively following acquisitions or divestitures; the Company's success in implementing expense mitigation efforts; the Company's reliance on third - party vendors for various services; adverse results from litigation, governmental investigations or tax - related proceedings or audits; the Company's ability to attract and retain employees; the Company's ability to satisfy pension and other postretirement employee benefit obligations; changes in accounting standards; the effect of labor strikes, lockouts and labor negotiations; regulatory and judicial rulings; the Company's indebtedness and ability to comply with debt covenants applicable to its debt facilities; the Company's ability to satisfy future capital and liquidity requirements; the Company's ability to access the credit and capital markets at the times and in the amounts needed and on acceptable terms; and other events beyond the Company's control that may result in unexpected adverse operating results.

In addition, legal fees increased by $ 1.7 million primarily related to our legal proceedings and third - party consultant costs increased by $ 1.0 million as we continued to build out our general and administrative infrastructure.

You agree to indemnify, defend and hold the USTA Family of Companies, the USTA» Family of Companies» subsidiaries and other affiliated companies / organizations and sponsors and their respective officers, directors, employees and agents harmless from and against any third - party claims, demands, actions, suits, proceedings, liabilities, damages, losses, judgments and expenses (including, but not limited to, the costs of collection, reasonable attorney's fees and other reasonable costs of defense or enforcing your obligations hereunder) resulting from or arising out of any breach of any of your representations or misuse of this or any other USTA Family of Companies site or of any site linking to this or any other USTA Family of Companies site.

INDEMNIFICATION You shall indemnify, defend and hold harmless Founding Moms, its officers, agents, employees, contractors, subcontractors, suppliers and representatives from and against any and all claims, demands, proceedings, losses, costs, damages, awards, fees, expenses, or liabilities of any nature («Claim») arising out of or in the relation to (i) your violation of any law or the rights of a third party (ii) any breach of this Terms of Service by you, your officers, agents, employees, contractors and / or representatives and (iii) your use of the Services.

17.12 Neither you or FilmOn shall bring any proceedings against the other in respect of these terms and conditions unless the party intending to bring proceedings first makes a bona fide offer to participate immediately in a mediation conducted by a mutually agreed third party or a certified mediator and the other party has declined such offer.

Risks and uncertainties include without limitation the effect of competitive and economic factors, and the Company's reaction to those factors, on consumer and business buying decisions with respect to the Company's products; continued competitive pressures in the marketplace; the ability of the Company to deliver to the marketplace and stimulate customer demand for new programs, products, and technological innovations on a timely basis; the effect that product introductions and transitions, changes in product pricing or mix, and / or increases in component costs could have on the Company's gross margin; the inventory risk associated with the Company's need to order or commit to order product components in advance of customer orders; the continued availability on acceptable terms, or at all, of certain components and services essential to the Company's business currently obtained by the Company from sole or limited sources; the effect that the Company's dependency on manufacturing and logistics services provided by third parties may have on the quality, quantity or cost of products manufactured or services rendered; risks associated with the Company's international operations; the Company's reliance on third - party intellectual property and digital content; the potential impact of a finding that the Company has infringed on the intellectual property rights of others; the Company's dependency on the performance of distributors, carriers and other resellers of the Company's products; the effect that product and service quality problems could have on the Company's sales and operating profits; the continued service and availability of key executives and employees; war, terrorism, public health issues, natural disasters, and other circumstances that could disrupt supply, delivery, or demand of products; and unfavorable results of other legal proceedings.

By my signature, I also agree to indemnify and hold PETS Magazine harmless from and against all claims, actions, proceedings, damages, losses, liabilities, and costs that may arise from or related to any infringement on any intellectual property rights or other rights of a third party.

You agree to indemnify and hold the SVG Tourism Authority («SVGTA») harmless from and against any breach by you of these Terms and Conditions and any claim or demand brought against SVGTA by any third party arising out of your use of the Services and / or any Content submitted, posted or transmitted through the services, including without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses) howsoever suffered or incurred by SVGTA in consequence of your breach of these Terms and Conditions.

The Sugarlift Gallery, located close to the now - defunct Bushwick arts / workspace hub Third Ward, will also play a central role in the weekend's proceedings, hosting a rooftop party and event during the course of the week.

For example, there is nothing in the Bill to prevent the ICO from both obtaining legally privileged material and then disclosing it to a third party for use in any sort of legal proceedings.

These include shareholder and partnership disputes; the investigation and pursuit of civil fraud claims against directors, employees and third parties; international asset tracing; professional negligence claims (including against office holders); Company law claims such as minority shareholder petitions (Section 994 Petitions) and specialist applications in relation to the conduct and control of companies; contract disputes; challenges to share sale consideration; and directors» disqualification proceedings.

If an allegation arises that the litigation guardian's negligence contributed to the child's injuries can Third Party proceedings be brought against the litigation guardian?

As part of defending a claim by Haida Nation for aboriginal title over lands in which third - persons had interests under Canadian law, British Columbia sought to stay the proceedings until either Haida Nation declared they would not disturb the tenures, permits and licences of third parties not named in this action, or it added those third parties as defendants to their action.

Edward has also acted in confiscation proceedings in the crown court to protect the interests of third parties in property held by a fraudster.

In JP v NP, Eleanor King J considered a third attempt to set aside orders made in financial remedy proceedings, where # 42,000 was in issue between the parties and where an order (order (1)-RRB- had been made following a hearing and in anticipation of a decree nisi later being made.

Andrew Walker QC, Chair of the Bar, said: «Key safeguards have been overlooked, for example, there is nothing in the Bill to prevent the ICO from both obtaining legally privileged material and then disclosing it to a third party for use in any sort of legal proceedings.

Meanwhile, it reports, third party funding could become more attractive in English proceedings, following recent caselaw that an arbitrator has the power to award a successful party the costs of its litigation funding.

In return for providing the benefit of funding to clients, and underwriting almost all of the risk of the litigation, the third - party funder is paid a share of the recovery from the successful outcome of the legal proceedings.

Funding for private family law cases is generally only available where the applicant for legal aid can show that they are a victim of domestic abuse, or where they can show that the aim of the proceedings is to protect a child at risk of abuse from a third party (such applications are in scope because of Paras 12 and 13 of Part 1 Schedule 1 of LASPO; see also Chapter 6 of the Handbook).

Under the applicable procedural rules in Switzerland, investigators or the court may neither ask for documents that relate to the professional legal representation of a party or of a third person in civil proceedings nor for correspondence between an accused person and the defence lawyer in criminal proceedings.

«Whilst the reforms in Singapore are currently limited to international arbitration and related proceedings, I am confident that once Singapore has tested the water with third - party funding, it will fully embrace third - party funding of litigation and domestic arbitration.

Whether your case involves obtaining benefits for a denied workers comp claim, helping you obtain medical treatment, negotiating a fair and equitable settlement for your on - the - job injury, or even pursing a claim against a third party who caused and / or contributed to your workplace injury, the Columbia, workers compensation lawyers at the Strom Law Firm, LLC represent injured workers at all stages of the SC workers compensation claims process, including initial hearings and appellate proceedings.

As third party funding is to stay in international arbitration, principles for arbitrators, parties and lawyers to use in such proceedings have been introduced.

By way of update to our Litigation Funding in Singapore report on 3 August 2016, on 10 January 2017 the Singapore Parliament passed amendments to the Civil Law Act legalising third - party funding in arbitration and related proceedings in Singapore.

In administrative proceedings, the Swiss Competition Commission issued guidelines and held that a document may not be searched and seized if it relates to correspondence between a company investigated by the Commission and a registered Swiss attorney or attorneys authorised in member states of the EU or EFTA (which means that correspondence with attorneys from third - party states is not deemed to be protected under legal privilege by the Swiss Competition Commission).

Its content in relation to investigations is written with internal investigations in mind, rather than investigations by an external third party, but its principles will be relevant to any disciplinary proceedings instigated by the employer and therefore to all investigations that might lead to disciplinary action.

In February 2008, the claimant issued proceedings under CPR Pt 8, contending that the defendant's standard terms relating to, inter alia, renewals commissions, sales commissions and third - party renewals were unfair within the meaning of reg 5 of the Unfair Terms in Consumer Contracts Regulations 1999 (SI 1999/2083).

I am of opinion that in this jurisdiction a party to a correspondence within the «without prejudice» privilege is, generally speaking, protected from being required to disclose it on discovery or at trial in proceedings by or against the third party.

In any event, any court proceedings in the criminal jurisdiction can be adjourned if a third party decides to challenge the court's ruling to issue a witness summons by way of juridical review (see R (on the application of Cunliffe) v West London Magistrate's Court [2006] EWHC 2081).

This is illustrated not only by its case - law [4] but also by its constant efforts to secure the participation of the EU institutions, and notably the European Commission, as a third party in proceedings where EU law is involved.

The underlying proceedings concerned several claims for damages, inter alia, for misrepresentation and breaches of contractual warranties in the light of the existence of undisclosed third party rights relating to the trade marks.

HELD The purpose of a criminal restraint order, as with a civil freezing order, is not to prevent third parties from enforcing civil rights against a defendant if those rights would be unaffected by any order which may be made against the defendant at the end of the proceedings.

The ECJ further noted that, in circumstances such as those of the main proceedings, these conditions are met and therefore prohibition of the use, in a discernible manner, of third - party undertakings for internet sales does not constitute a restriction of customers nor a restriction of passive sales to end users.

To the extent the credit report disclosed the existence of formal collection proceedings pursued by third parties against the plaintiffs, and / or judgments obtained by third parties against the plaintiffs, these were a matter of public record.

Although the tribunal and administrative body, if any, are generally subject to an obligation of confidentiality and the arbitral proceedings are in most cases held in private, many national laws and arbitral rules do not provide any assurance of confidentiality from the parties or third - party witnesses.

In Laverick v Alberta (Transportation Safety Board), 2018 ABQB 57 (CanLII), Justice W. P. Sullivan acknowledged that a third - party applicant may argue for a stay of proceedings pursuant to section 24 (1) of the Canadian Charter of Rights and Freedoms against charges under section 88.1 of the Traffic Safety Act, RSA 2000, c T - 6 [TSA], the administrative license suspension («ALS») regime.

Thus far, Google was (unless it was sued directly) only a third party to Android - related infringement proceedings.

According to this principle, private information disclosed during the pre-trial discovery stage of legal proceedings must not be used outside of the proceedings, nor disclosed to third parties, unless leave has been granted by the court.

Several international arbitral institutions used by parties in the Middle East, have recognised the use of third party funding in arbitration proceedings and are responding to it positively.

The law now requires that if there is a dispute then it is important that a third party be formally joined to proceedings at the earliest opportunity so that the third party's claim can be dealt with prior to court - assisted negotiations take place between the divorcing couple.

Most arbitral institution require the consent of the third party to join the existing proceedings.

When assets are in dispute arising out of a divorce it is increasingly common for a third party to have an interest in those assets and to have to defend their interest by becoming involved in the court proceedings.

(4) Starlight Shipping Co v Allianz Marine & Ors; Brit UW Ltd & Ors v Starlight & Ors; Brit UW & Ors v Imperial Marine & Ors [2014] EWHC 3068 (Comm); [2015] 2 All E.R. (Comm) 747; [2014] 2 Lloyd's Rep. 579; [2014] 2 C.L.C. 503; [2015] Lloyd's Rep. I.R. 54 — relief granted to both insurers and employees and agents of the insurers who were intended to benefit from the settlement of the insurance claim - relief by way of specific performance and injunctions was tailored to the particular circumstances which included the prohibition on anti-suit injunction to restrain the Greek proceedings — assured ordered to execute documents recording the meaning and effect of the settlement agreement (including settlement of claims against the servants and agents who were third parties to the original settlement) so that the same could be placed before the foreign court to assist in the recognition and enforcement of the English judgment in Greece under the Judgments Regulation.

With the new institution of post-grant and inter partes proceedings designed to allow accused infringers and third parties alike to challenge granted U.S. patents, litigants now have both the Patent Trial and Appeal Board («PTAB») and the district courts as two distinct legal channels to combat against potentially weak and frivolous patents.

A party to arbitral proceedings can also apply to the court under section 43 of the 1996 Act to secure the attendance of a witness (including a third party witness) in order to produce documents or provide oral testimony.

Member States, institutions of the Communities and any other natural or legal persons may, in cases and under conditions to be determined by the Rules of Procedure, institute third - party proceedings to contest a judgment rendered without their being heard, where the judgment is prejudicial to their rights.

Given the waiting periods provided for under the facts at s1 (2)(c) to (e), and the ill - feeling generated by accusations of adultery — which can culminate in the third party being named in and added as a party to the proceedings — unreasonable behaviour is by far the most common fact relied upon.