Sentences with phrase «with equitable claims»

Contact the lawyers at Eisen Law in Toronto for assistance with equitable claims.

Not exact matches

The Arbitrator (i) shall apply internal laws of the State of New York consistent with the Federal Arbitration Act and applicable statutes of limitations, or, to the extent (if any) that federal law prevails, shall apply the law of the U.S., irrespective of any conflict of law principles; (ii) shall entertain any motion to dismiss, motion to strike, motion for judgment on the pleadings, motion for complete or partial summary judgment, motion for summary adjudication, or any other dispositive motion consistent with New York or federal rules of procedure, as applicable; (iii) shall honor claims of privilege recognized at law; and (iv) shall have authority to award any form of legal or equitable relief;

They do so today for countless purposes, typically to claim a right to free and edgy speech on T - shirts or banners under the First Amendment, to assert rights to education of the handicapped under the federal Individuals with Disabilities Education Act, and to ask for more school spending under state constitutional provisions that are said to guarantee an equitable or an adequate education.

You and Velocity Micro agree that any claim, dispute, or controversy, whether in contract, tort or otherwise, and whether pre-existing, present or future, and including statutory, common law, intentional tort and equitable claims («Dispute») against Velocity Micro, its employees, agents, successors, assigns or affiliates arising from, in connection with, or relating to this Agreement, its interpretation, or the breach, termination, or validity thereof, the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), Velocity Micro's advertising or any related purchase SHALL BE RESOLVED, EXCLUSIVELY AND FINALLY, BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION under its Code of Procedure then in effect.

Binding Arbitration: ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) BETWEEN CLIENT AND Mulcoy Travel, its respective agents, employees, principals, successors, assigns, or affiliates arising from or relating to these terms and conditions, interpretation thereof, or the breach, termination or validity thereof, the relationships which result from the tour (including, to the full extent permitted by applicable law, relationships with third parties who are not parties to these terms and conditions), Mulcoy Travel's advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) under its Code of Procedure then in effect.

The take - away message is this: if you move in with your partner and do not have children, you could be liable / entitled to support after three years, but you are never automatically entitled to property sharing, although in certain circumstances you may be able to claim unjust enrichment or other equitable remedies.

Because neither party obtained a monetary recovery, the claims against trustee were not dismissed, and plaintiff obtained an equitable judgment against trustee, the case — with respect to routine costs — fell within the catch - all provision of CCP § 1032 (a)(4) which allows the trial court discretion to determine the prevailing party by comparing the relief sought with that obtained, along with the parties» litigation objectives.

Sir Terence Etherton in Urban 1 took a different — and, it is thought, better — approach: failing to comply with a notice is not necessarily repudiatory but rather prevents the wrongdoer later claiming equitable relief (eg specific performance, if / when he is in a position to complete).

If a non-delegable duty can be found to apply in the arena of foster care (NA v Nottingham County Council [2014] EWHC 4005 (QB)-RRB-, it is difficult to envisage a claim where, once the five criterion are found to apply, the public body could persuade the court that it is not «fair, just or equitable» to fix it with the duty.

Advancing claims against a number of individuals and corporate entities in breach of contract, breach of trust, fraud and conspiracy, misrepresentation, dishonest assistance, unlawful interference with economic interests including proprietary and equitable remedies and restitution (for monies had and received).

However, Canadian courts have been willing to use their equitable discretion to include unsecured creditors with a de minimis legal basis to bring an oppression claim.

The blog is managed by Juan C. Antúnez, who is a partner with Stokes, McMillan, Antúnez P.A. Essential probate and trust litigation concepts are covered in the blog's articles, with a focus on Florida Supreme Court cases, mediator ethics, equitable law, and even financial exploitation of the elderly claims, as seen in this article.

The Limitation Act 1980 (LA 1980), s 36 is concerned with equitable jurisdiction and remedies and takes with one hand but gives back with the other in stipulating that the time limit under numerous sections of LA 1980 «shall not apply to any claim for specific performance of a contract or for an injunction or for other equitable relief» except, tantalisingly:

We also agree with the Crown's submissions that properly interpreted, s. 5.1 (4) constitutes a complete bar to the claim, and that the motion judge erred by applying the doctrine of equitable fraud to overcome the Crown's limitations defence.

Companies regularly doing business with the US government often find themselves faced with circumstances involving actual or potential claims, or requests for equitable adjustments.

Worldwide tracing and freezing injunctions in support of Noga's claim against the Abacha defendants and a well known bank arising out of their dealings with funds in which Noga claim a beneficial interest; whether Noga had an equitable proprietary interest in the bills of exchange and their proceeds under their contract with the Russian Federation; whether individuals in the governments of Russia and / or Nigeria acted fraudulently.

Here at Generali, we are committed to providing you with a fair, equitable and timely claims process.

The foregoing provisions of this Section 13 will not apply to any legal action taken by Gigaom to seek an injunction or other equitable relief in connection with any loss, cost, or damage (or any potential loss, cost, or damage) relating to the Services, the Content, your User Submissions and / or Gigaom's intellectual property rights (including such Gigaom may claim that may be in dispute), Gigaom's operations, and / or Gigaom's products or services.

The term «Dispute» means any dispute, claim, or controversy between you and TopResume regarding any aspect of your relationship with TopResume, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability, or scope of this provision (with the exception of the enforceability of the Class Action Waiver clause below).

establish a streamlined, expedited and cost effective approach to settling native title claims by negotiation, resulting in equitable outcomes consistent with the aspirations of traditional owners and the state

Texas requires that a party claiming equitable estoppel to prove that the other party knowingly made a false statement or concealed facts to a party who did not and could not know the falsity of the statement and the statement was made with the knowledge that the party would rely on the statement to its detriment.

Since you only have an option and not an installment contract with an equitable interest, you won't have any tax benefit, unless no one else is claiming such benefits, like depreciation.