Sentences with phrase «which exclusive possession»

In Alberta, it would be better to amend the PAFVA and the other legislation under which exclusive possession of residential premises can be granted rather than amend the RTA, because what is needed is a comprehensive list of matters to be considered by the parties and the courts in granting a protection order, or at least the QBPOs.

Nevertheless, amendments to the PAFVA and the other legislation under which exclusive possession of residential premises can be granted seems to be the better way to go, as they should provide better access to the relevant law for victims of domestic violence and those assisting them.

Not exact matches

Here and in numerous other instances it is clear that black theology is willing to engage and employ traditional African and other non-Christian resources in ways which indicate that, on the whole, black theology does not believe that it has possession of an exclusive and wholly infallible revelation of God.

Roger Street... drafted what was described as a licence agreement which granted an exclusive right to possession — a significant hallmark commonly associated with a tenancy but not decisive.

On the completion of the new library, the college leased it to the company on terms which gave the company exclusive possession of the library.

Defence counsel Joseph Neuberger conducted several extensive judicial pre-trials in order to set out the basis of the defence, in particular securing evidence establishing that the main charges were part of an elaborate scheme in which fabricated allegations were used to secure exclusive possession of the matrimonial home and to gain an advantage in Family court.

For the spouse who remains in the home, the obligation to pay occupation rent is usually imposed by a court pursuant to the Family Law Act, which authorizes it in the right circumstances, provided he or she has been awarded exclusive possession.

(Technically, however, the requirement to pay occupation rent can also arise under the common law, which does not have the exclusive - possession order as a pre-requisite).

They argue that possession of reserve lands lies at the core of s. 91 (24) which assigns the federal government exclusive legislative power over «Indians, and Lands reserved for the Indians».

This post will briefly address the unique circumstances in which the FHRMIRA came to be, and then provide an overview and critique of several provisions: section 7 (exemption for First Nations wishing to enact their own matrimonial real property (MRP) laws), sections 16 - 19 (emergency protection orders), section 20 (exclusive possession orders), and section 26 (leases).

However, an EPO that grants exclusive possession of residential premises to the victim grants the victim the ability to remain in the premises and bar access to the perpetrator, which logically includes the ability to change or add to locks and other security devices.

In Potter v Boston, the Court examined an application by the husband who sought leave to appeal an interim order that granted his wife exclusive possession of a condominium, which was owned by the husband and located in Florida, for one week every month.

The NTA provides a fairly comprehensive codification of what past government actions extinguish native title.145 It classifies various interests in the past, often distant past, as «previous exclusive possession acts» which deems them to have permanently extinguished native title.146 The NTA also provides that «previous non-exclusive possession acts» 147 will extinguish native title to the extent of any inconsistency.148 The NTA also validates acts of government that took place before the High Court's decision in Wik which may be invalid because of the existence of native title (generally, due to the Constitutional requirement that «just terms» be paid where property is acquired, 149 or the operation of the Racial Discrimination Act 1975 (Cth).150 This aspect of the NTA has been repeatedly criticised by CERD.

The relevant part of the Lake (which was 87 % of the proposed mining lease area) was within the Martu People's traditional lands, over which they hold exclusive possession native title.

The Court noted this exclusion but found that the perpetual grazing lease was an exclusive lease and thus a previous exclusive possession act under NTA s23B (2)(c)(iv) or (viii) which also extinguished native title.

commercial rights are intrinsically connected to, and require, exclusive possession, which will not be granted under the Native Title Act (as seen in the Croker Island case).

Section 23B (9A) provides that a vesting which involves the establishment of an area, such as a national, State or Territory park, for the purpose of preserving the natural environment of the area is not a previous exclusive possession act.

[14] Under this section a «previous exclusive possession act» which wholly extinguishes native title covers a range of acts.

(38) Aboriginal title encompasses a right to exclusive possession, which in turn is established if the following criteria are satisfied:

I have in my possession a non listing taken by a «marketing firm» aligned with a Brokerage with mls listing and exclusive listing all crossed out at the top with it stated that this was not a listing initialed by all parties (no registrant of course) which appeared on TREB, submitted by an ignomious Brokerage 3 days after being signed.