Sentences with phrase «want of prosecution»

However, that authority was not directly on point as it concerns cases struck out for want of prosecution because of a lawyer's negligence.

Well, striking out for want of prosecution (SOWP) is back with a vengeance.

That being said, citing Premium Brands Operating GP Inc. v. Turner Distribution Systems Ltd., 2011 BCCA 75 (CanLII) at para. 4, the Court of Appeal concluded that the Arbitration Tribunal simply could not have dismissed the counterclaim for want of prosecution:

Yet, in the court below, the termination order was considered to have dismissed the Appellant's counterclaim on the merits for «want of prosecution».

However, the court refused to see the mother's actions as forum shopping, since the French divorce proceeding had been dismissed for want of prosecution and the mother had been living in Chicago for more than a year prior to filing the state court action at issue.

He did, however, find that, given the time lapse, the potential creditors» claims were prima facie liable to be dismissed for want of prosecution or abuse of process.

He has been in the hot seat for dismissing «for want of prosecution at least 33 criminal charges, involving 10 accused persons that were before» him on July 21, 2011.

These tit - for - tat summonses are, I suggest, no great loss as a phenomenon, and were hugely wasteful of time, as were the convoluted summonses to strike out for want of prosecution, loyally defended and appealed by professional indemnity insurers.

[38] For these reasons, the plaintiff's action will be dismissed under Rule 22 - 7 for want of prosecution, failure to comply with the Civil Rules, and failure to comply with the Order of this Court dated August 11, 2011.

Tags: Balaj v. Xiaogang, bc injury law, Mr. Justice Brown, Rule 22, Rule 22 - 7, Rule 22 - 7 (5), Rule 22 - 7 (6), Rule 22 - 7 (7), want of prosecution Posted in BCSC Civil Rule 22, Uncategorized Direct Link Comments Off top ^

Prior to doing so the Court made the following findings with respect to the application of the proporitonality principle in want of prosecution applications:

More recently, in Murrin Construction Ltd. v. All - Span Engineering and Construction Ltd., 2012 BCCA 251, the Court of Appeal confirmed that the factors to consider on an application to dismiss for want of prosecution are:

The Defendant Wiebe brought an application to dismiss the lawsuit for want of prosecution (failure to prosecute in a timely fashion).

This dismissal of slip and fall case for want of prosecution (Morice v. Toronto - Dominion Bank, 2014 BCSC 380) shows that when delay causes prejudice which goes directly and profoundly to the ability of a party to participate in the lawsuit, dismissal of a personal injury lawsuit for want of prosecution can occur.

Tags: Ellis v. Wiebe, Madam Justice Bruce, Rule 1, Rule 1 - 3, Rule 1 - 3 (2), Rule 22, Rule 22 - 7, Rule 22 - 7 (7), Rule 9, Rule 9 - 7, want of prosecution Posted in BCSC Civil Rule 1, BCSC Civil Rule 22, BCSC Civil Rule 9, Uncategorized Direct Link Comments Off top ^

Not exact matches

Mascia insisted the rules of equity will apply if the defence wants to call back a prosecution witness to ask additional questions not covered under cross-examination.

«But, because the business is so highly regulated on a state level and the threat of federal as well as state prosecution for violation remains, potential investors will want to take a long, hard look at the operations and the people involved in any investment opportunity.»

At the same time, the survey shows that Canadians want to avoid some of the unintended consequences of overzealous prosecution.

SNC management wants Ottawa to consider letting federal prosecutors make so - called «deferred prosecution agreements» (DPAs) with companies accused of corruption.

The filing of nolle prosequi meant the Attorney General wanted to discontinue with the prosecution.

The defendants said it includes a description of one public corruption case — the prosecution of former Bridgeport (Connecticut) Mayor Joseph Ganim — with an outdated summary of the law that applies to corruption cases, and want the display covered or removed before their trial starts.

The sponsors want to reduce the number of people who face criminal prosecution over small amounts of the drug.

The Crown Prosecution Service (CPS) wants Mr Lugovi to stand trial for the murder of the former KGB agent Alexander Litvinenko, who was poisoned with polonium - 210 in London last November.

Defense lawyers for ex-top Cuomo administration aide Joseph Percoco want the attorney for key prosecution witness Todd Howe kept out of Percoco's corruption trial until his client testifies.

The DA added he wanted to concentrate on reducing the rate of domestic violence in Ulster through a combination of outreach and aggressive prosecution of offenders.

John Bosco Siboyintore, the head of the Genocide Tracking Unit at Rwanda Public Prosecution Authority, said Ntaganzwa is among the nine most - wanted fugitives in the 1994 genocide which killed more than 800,000 ethnic Tutsis and moderate Hutus.

He said that the prosecution wanted the witnesses to be known to the public by acronyms such as «xyz» and that only the court would know the true identity and name of each witness.

Prosecutors argued that this amounted to an illegal quid pro quo for Silver, who the government said steered hundreds of thousands of dollars in state research grants to Taub to keep the patients coming — something the prosecution noted Silver never publicized, allegedly because he wanted to keep attention away from the illicit arrangement.

According to the prosecution, after further talks between the accused and BDC operator, Eze latter increased the amount of the foreign currency he wanted to buy to $ 92,000.

He said he will explore requests laid out in a recent letter from Lieutenants Benevolent Association president Louis Turco, who wants, among other things, «aggressive prosecution of persons found guilty of resisting arrest.»

People and corporations can not say what they want, and say that they are immune from prosecution because of free speech.

That doesn't deny the fact that battery could be much worse than this (and all Fields originally wanted was an apology), but think of the implication of saying Lewandowski should escape prosecution.

Hmm, it seems like the more the public awakens to the deception of anthropogenic climate change, the more desperately the UN wants immunity from prosecution.

The offer is typically in the form of «If the defendant will plea guilty now to the charge we want him to plea guilty to, then at the time of sentencing the prosecution will recommend to the judge that the sentence be as follows...».

You'll likely also want to refer to and show parts of the prosecution history.

No one seems to want to do this, so we regularly hear of criminals avoiding prosecution because the system is under too much strain.

How would I feel about a client seeing me breaking bread with the same prosecutor or cop who is trying to get my client locked up, particularly in instances where I feel the prosecution is based on false evidence, an effort to obtain a disproportionately severe sentence, or a law that I feel should be stricken or heavily decriminalized in the first place (e.g., I want the legalization of marijuana, prostitution, gambling, criminal libel and obscenity and the heavy decriminalization of all other drugs)?

In my case I wanted to know if we could see a piece of evidence (a doctor's report) that had been presented by the prosecution and accepted unchallenged by the defence — we could.

Straw said: «If we want to make prosecutors more independent, we must bite that bullet... The attorney general will still be accountable for the broad operation and management of the prosecution service, and I think that that is appropriate.»

There was no identifiable power in the court, supported by a public policy, to supplement presently existing statutory provisions to achieve what the prosecution want to achieve in violation of Mrs Gibson's rights under Art 1 of Protocol 1 of the European Convention on Human Rights.

This Massachusetts bright - line rule will likely reduce litigation over whether the duty to defend includes the duty to prosecute a counterclaim, and an insured in Massachusetts now knows that, if it wants its insurer to prosecute and fund the prosecution of a counterclaim, it should probably negotiate for that specific term in its policy.

If, however, the government merely wants to improve the «unacceptably low» conviction rate (as a proportion of cases prosecuted), it might encourage CPS prosecutors to be even more robust — dare we say it — than they already are in weeding out from the prosecution process cases which fail to cross the realistic likelihood of conviction threshold.

If you combine it with the recent decision of Justice Crampton in Maxzone which encourages the prosecution of individuals with an outcome that is a mandatory jail sentence, I think it's not a stretch to say fewer individuals are going to want to co-operate,» says Szentesi.

The movement is based on the belief that we must do more than simply respond to cases of abuse through prosecution and intervention — we need to provide programs and policies that focus on the child development process, engage communities and create conditions that allow parents to be the kinds of parents they want to be.

The campaign is based on the belief that we must do more than simply respond to cases of abuse through prosecution and intervention — we need to provide programs and policies that focus on the child development process, engage communities and create conditions that allow parents to be the kinds of parents they want to be.

I don't want to be the test case on the legality of seizing property, amassing fines, or facing prosecution as an accessory to anything.