Sentences with phrase «upon the party seeking»

If accidental and / or negligent, again the consent order could be set aside however the burden would fall upon the party seeking to challenge the order.

The onus of proving a permissible limitation on a Charter right rests upon the party seeking to uphold the limitation.

Not exact matches

Chelsea seem to be getting on fine without him as they've bounced back from their opening day loss to Burnley in style, and ultimately it looks as though Conte won't be able to call upon Costa again as both parties seek a solution.

We would have rallied behind her just as we would for any qualified member of our Party, but we seek to correct the injustice that is being foisted upon us so that we do not set the wrong precedents for future generations to build on the foundations we lay today.»

And last night the Tory Right was out in force for the sell - out summer reception of Conservative Way Forward, the organisation which seeks to, in its own words, «defend and build upon the achievements of the Conservative Party under Margaret Thatcher's leadership, and to adapt the principles of her era in government to modern concerns and challenges.»

«I believe in the leadership of our great party to resolve this in the shortest possible time, failure upon which I shall be forced to seek redress in the court of law.»

«In this application, if one carefully considers the reliefs sought by the first interested party at the high court, it becomes abundantly clear that the court was never called upon to interpret article 94 (1)(a) of the constitution.

The primary preference for those seeking a sugar relationship should always be agreed upon by both parties.

Earlier investments of nearly $ 3 million in this personalized learning portfolio include Rocketship, a national network of blended learning schools seeking to eliminate the achievement gap in low - income neighborhoods, New York City's School of One blending learning model upon which New Classrooms is based, and CFY, a national nonprofit organization that runs the acclaimed online learning platform, PowerMyLearning.com, which provides students, teachers, parents and school leaders with free online access to pre-screened digital learning activities produced by third parties, as well as consumer ratings.

* Authors must attest that any articles submitted for publication to Seeking Alpha are their own work and do not infringe upon the rights of any other party.

Having been substantially successful at trial, the claimant sought full indemnity for legal costs based upon a clause in an assignment agreement which had been entered into by the parties.

But the Court cautioned that non-publication orders should still not be too easily available as they involve «a significant intrusion upon the open court principle and must be justified by the party seeking it.»

The trial judge recited its understanding of the Linton holding as follows: «Where... the change in circumstances relied upon by the party seeking to modify the spousal maintenance was within the party's contemplation at the time of the decree, no relief is available since the change is not a material change in circumstances.»

It is thus not possible to seek to rely upon matters contained within without prejudice communications unless one of those exceptions applies, and it follows that if an exception does not apply, a party can not rely on the existence or content of without prejudice communications to found a «last straw» for constructive unfair dismissal purposes: Brodie v Ward (t / a First Steps Nursery)[2008] All ER (D) 115 (Feb).

It has been widely publicised that the Pyrrho decision did not involve a contested use of predictive coding: the parties had agreed upon its use and were seeking the court's approval.

As a matter of law, where it is sought to obtain material from third parties, upon whom there is no prior duty of disclosure, a defendant or indeed the Crown may obtain a summons under the Criminal Procedure (Attendance of Witnesses) Act 1965 or the Magistrates Court Act 1980, s 97.

An Ontario court recently considered a case where one party sought to terminate spousal support upon retiring.

Every action to review a final administrative decision shall be commenced by the filing of a complaint and the issuance of summons within 35 days from the date that a copy of the decision sought to be reviewed was served upon the party affected by the decision, except that:

In cases in which the opposing party has sought fees, the family court has uniformly required disclosure of billing records when that party has refused to provide me such records upon a claim of privilege.

(a) Subject to the provisions of paragraph (4) of this rule, a party may obtain discovery of documents and tangible things otherwise discoverable under paragraph (1) of this rule and prepared in anticipation of litigation or for trial by or for another party or by or for that other party's representative (including his attorney, consultant, surety, indemnitor, insurer, or agent) only upon a showing that the party seeking discovery has substantial need of the materials in the preparation of his case and that he is unable without undue hardship to obtain the substantial equivalent of the materials by other means.

only upon a showing that the party seeking discovery has substantial need of the materials in the preparation of his case and that he is unable without undue hardship to obtain the substantial equivalent of the materials by other means.

Subject to the provisions of subdivision (b)(4) of this rule, a party may obtain discovery of documents and tangible things otherwise discoverable under subdivision (b)(1) of this rule and prepared in anticipation of litigation or for trial by or for another party or by or for that other party's representative (including the other party's attorney, consultant, surety, indemnitor, insurer, or agent) only upon a showing that the party seeking discovery has substantial need of the materials in the preparation of the party's case and that the party is unable without undue hardship to obtain the substantial equivalent of the materials by other means.

A party seeking to rely on arguments similar to those raised in Witham and Wethered Estate would be wise to express a clear willingness to mediate from the outset, conditional upon certain steps being carried out and to engage in mediation once the specified actions have been taken.

The holiday season is upon us once again, so that means lots of office parties, family gatherings... and shopping malls crammed with people desperately seeking bargains on the latest must have holiday gifts.

No party to this litigation sought to rely upon any such principle, whether the suggested principle be described as a rule of «heightened» or «strict» scrutiny or in some other way.

-- In any action in which a judgment or order has been sought or entered adopting, establishing, or modifying a parenting plan, except for a domestic violence proceeding under chapter 741, and upon agreement of the parties, the court's own motion, or the motion of a party, the court may appoint a parenting coordinator and refer the parties to parenting coordination to assist in the resolution of disputes concerning their parenting plan.

By Lisa Gelman An Ontario court recently considered a case where one party sought to terminate spousal support upon retiring.

Previously, a party seeking to change his or her name back to a former name upon divorce had to request that the court order the name change in the final judgment of absolute divorce.

Williams Real Estate Co., Inc. v. Ann Taylor, Inc. (251 A.D. 2d 230)- no basis upon which to seek a brokerage commission where exclusive brokerage agreement did not contain a protection period and first substantive negotiations occurred a year and a half after expiration of the exclusive brokerage agreement; broker's claim for commission against tenant fails where exclusive brokerage agreement provides that broker would seek a commission only from landlord of the premises; broker fails on procuring cause standard where there is no evidence the broker brought the parties together on mutually agreeable terms; no evidence presented that tenant acted in any manner to deprive broker of a rightful commission.

7 DOS 00 DOS v. Flagship Marketing Group - availing of license; failure to cooperate with DOS investigation; jurisdiction; proper business practices; ex parte hearing may proceed upon proof of proper service; DOS retains jurisdiction over party not licensed at the time of the hearing where, at that time the complaint was served, the party was (i) licensed, (ii) an applicant for a license or renewal, or (iii) was eligible to automatically renew; salesperson is prohibited both from owning, directly or indirectly, singly or jointly, any shares of voting stock in and from being an officer of any licensed real estate brokerage corporation with which the salesperson is associated; representative real estate broker availed the corporate broker license to an associated salesperson where the office was operated by the salesperson without the direct supervision of the representative broker and the salesperson conducted business as a broker for his own benefit; representative real estate broker engaged in fraud by availing the corporate real estate broker license to a salesperson; representative broker's availing of corporate broker's license for which the corporate broker is vicariously liable; failure to provide business records constitutes failure to cooperate with DOS investigation; DOS fails to establish fraud, ignorance or negligence is not sufficient to prove mistake; pressure, regardless of how severe, is not undue influence; restitution denied where funds sought were received by an entity not named or charged in the complaint; corporate broker fined $ 3,000.00, representative broker's license revoked and fined $ 3,000.00 and salesperson fined $ 5,000.00