| Motion for declinatory exception and forum non conveniens filed by the controlling shareholder of a Greek company. |
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| Motion for declinatory exception pertaining to a petition from trustee in bankruptcy for reimbursement of dividends. |
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| For these reasons, the court ruled in Société Asbestos that it is not premature to raise a motion for declinatory exception ratione materiae before the authorization to institute a class action has been ruled upon. |
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| Based on the court's reasoning in Société Asbestos, the Court of Appeal chose to dispose of the motions for declinatory exception ratione materiae in Charest before ruling on the authorization. |
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| The Superior Court justice first apprised of these motions for declinatory exceptions deemed them premature, and referred them to the judge who would ultimately be appointed to hear the merits of the case. |
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| As a result, Quebec courts must now find on motions for declinatory exception ratione materiae before handing down a judgment authorizing the institution of a class action. |
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| That case, like the present one, involved a declinatory exception by the respondent State when it was sued for fees for legal services and for an accounting. |
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| Declinatory exceptions do not tend to defeat the demand, but only to decline the jurisdiction of the judge before whom it is brought. |
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