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The Crown has employed the oppression remedy in its status as a creditor under the Income Tax Act, in order to set aside dividend payments that rendered a corporation unable to pay its tax liability. [25] [26] Where a company has made excessive salary payments to a controlling shareholder, a judgment creditor has been permitted to be a complainant.
In law, a motion to set aside judgment is an application to overturn or set aside a court's judgment, verdict or other final ruling in a case. [1] [2] Such a motion is proposed by a party who is dissatisfied with the result of a case. Motions may be made at any time after entry of judgment, and in some circumstances years after the case has ...
The Alberta Court of Justice is an inferior court of first instance in Alberta, which means decisions from the Court of Justice may be appealed at the Court of King's Bench of Alberta and/or the Court of Appeal of Alberta. The Alberta Court of Justice hears the majority of criminal and civil cases in Alberta. All of Alberta’s criminal cases ...
The court originated from the old Supreme Court of the Northwest Territories which was replaced by the Supreme Court of Alberta in 1907 (shortly after Alberta became a province in 1905). The new Supreme Court of Alberta comprised a trial division and an appellate division (essentially, brother justices of the Supreme Court sitting en banc with ...
On June 30, 1979, the Supreme Court Trial Division was renamed the "Court of Queen's Bench of Alberta". The district courts created in 1907 were amalgamated into the District Court of Northern Alberta and the District Court of Southern Alberta in 1935, merging altogether into the District Court of Alberta in 1975.
The rarely granted intervention permits the judge to exercise discretion to avoid extreme and unreasonable jury decisions. In civil cases in U.S. federal court, the term was replaced in 1991 by the renewed judgment as a matter of law, which emphasizes its relationship to the judgment as a matter of law, formerly called a directed verdict. [1]
The Federal Courts Act, and the concurrent Federal Courts Rules govern any application for judicial review in the federal courts. The source of this power can be found in s. 28 of the Federal Courts Act, which provides that the Federal Court of Appeal is the appropriate venue for judicial review of decisions by federal boards and tribunals. In ...
Furthermore, a minority of common law jurisdictions, like South Africa, use the term "rescission" for what other jurisdictions call "reversing", "overturning" or "overruling" a court judgment. In this sense, the term means to be set aside or make void, on application to the court that granted the judgment or to a higher court. Applications to ...