Sentences with phrase «appeal authority on the issue»

Before the Sabean decision, there was but one line of Court of Appeal authority on the issue of the deductibility of CPP disability benefits under SEF44: that from NB, which NS and PEI had adopted.

In R (Pascoe) v First Secretary of State [2006] EWHC 2356 (Admin), [2006] 4 All ER 1240 Mr Justice Forbes had to choose between two differing lines of Court of Appeal authority on the issue of proportionality in compulsory purchase cases.

Not exact matches

The department amended its regulations in the wake of a 1983 ruling by the U.S. Court of Appeals for the District of Columbia in National Soft Drink Association v. Block that the department exceeded its rulemaking authority when it issued orders on the «time and place» in which junk food could be sold on school grounds.

This summer Australian authorities had issued a preliminary injunction on Samsung's tablet sales, but an appeals court has overturned that ruling.

Appeals to authority are one thing, but no one is an authority on the entire issue of CAGW.

Carter Phillips is a voice of authority in appeals before the US Supreme Court, calling upon a wealth of accumulated knowledge to advise clients on a broad array of constitutional issues, administrative law matters and wider commercial disputes.

The issue on the appeal was whether a «judicial authority» authorized to issue an EAW includes a prosecutor.

On the legal custody issue, the Court of Appeals agreed with my client that the family court erred in finding he did not have final decision - making authority under the previous order, finding that the old order «implicitly granted him final decision - making authority by virtue of granting him primary legal custody.»

A recent decision of the BC Court of Appeal argued by John Cheevers is a binding authority on the issue of unreasonable delay in serious criminal cases.

Case also involves consideration of issues and argument in relation to legal principles concerning very recent Court of Appeal authority on demurrage time - bars.

Fifth, the limitation on the availability of appeals of the decisions of the designated authority raises issues regarding procedural fairness (see section 47.5 (5)-RRB-.

On December 9, the Eleventh Circuit issued the first opinion in the country from a circuit court of appeals addressing the split of authority among the federal district and state courts on whether builders, whose developments are partially exempt under ILSA, must comply with all disclosure provisionOn December 9, the Eleventh Circuit issued the first opinion in the country from a circuit court of appeals addressing the split of authority among the federal district and state courts on whether builders, whose developments are partially exempt under ILSA, must comply with all disclosure provisionon whether builders, whose developments are partially exempt under ILSA, must comply with all disclosure provisions.

«[T] he weight of authority suggests that accurate news reporting — even when it is likely to have an adverse impact on the subjects of the report — usually does not give rise to an action for intentional infliction of emotional distress»: Yesterday, a unanimous three - judge panel of the U.S. Court of Appeals for the Tenth Circuit issued a decision affirming a federal district court's dismissal of claims for invasion of privacy and intentional infliction of emotional distress asserted by two former undercover police officers against a television station in Albuquerque that had revealed their identities and their undercover status in the context of a televised report about their suspected involvement in an alleged incident of sexual assault.

The firm is involved in an appeal proceeding before the Supreme Court of Canada on the fundamental issue regarding the possibility for a Quebec court to order the expropriation of a land being taken by public authority in virtue of its urban planning and environmental statutory powers.

The Supreme Court of Canada weighed in on this issue this past summer in British Columbia (Workers» Compensation Appeal Tribunal) v. Fraser Health Authority.

The Court of Appeal set out, reviewed, analysed and applied the authorities going back to Swain v Hillman [1999] EWCA Crim 2251, [2001] 1 All ER 91 on the issue of when summary judgment was appropriate under CPR Pt 24.

In the court's view, where, as here: (1) the Director under the OBCA issues a certificate pursuant to a rectification order; (2) the appellant could reasonably have sought a stay of the rectification order pending appeal; (3) the court is not satisfied that no third party acted, directly or indirectly, in reliance on the certificate issued pursuant to the rectification order and would not be prejudiced by its revocation; and (4) there are no special circumstances which justify exercising the power to cancel the certificate, thereby undermining certainty in a court - approved corporate fundamental change, the principle in Norcan requires the court to decline to exercise its authority to order the revocation of that certificate or otherwise unwind the court - approved corporate fundamental change.