Sentences with phrase «board erred»

The central issue was whether the Board erred in principle in attributing a market value to a contaminated property of value to its current owner, but for which no competitive market exists.

They are supporting SOCAN's position on fair dealing in the Supreme Court of Canada, and they all maintain that the Copyright Board erred in finding that previews fall within fair dealing as the previews are neither «research» nor «fair.»

The SCC will review whether the board erred in refusing refugee status.

Justice Veldhuis granted leave on whether the board erred procedurally by failing to adequately explain its decision (Springfield Capital at paras 24 -31).

In Lac La Biche v Lac La Biche (SDAB), 2014 ABCA 305 (CanLII) the county sought leave to appeal a board decision upholding approval for road development, alleging the board erred by improperly fettering its discretion, sub-delegating its authority, and failing to provide adequate reasons.

In Arctos & Bird, the applicant sought leave to appeal on two questions of law: (1) the Board erred by failing to require a subdivision approval on the lots before development could proceed; and (2) the Board erred by failing to take into consideration the population cap of 8000 residents for the Town of Banff set out in the Banff Park Management Plan.

Likewise, paragraphs 39 to 45 rule that the question of whether the Board erred in how it addressed the population cap has no reasonable prospect of success.

In Suncor Energy Inc v Unifor Local 707A, 2017 ABCA 313, the Court upheld the lower court's finding that an arbitration board erred in rejecting much of the employer's evidence of safety incidents and risks on the basis that the evidence was either related to non-union employees or not particularized to bargaining unit employees.

The Board erred when it held that it could certify a levy on the memory integrated into a digital audio recorder.

Did the board err in law by determining that the implied undertaking, which applies to information contained in the record, is exhausted on the date of the oral hearing or after the written submissions have been received («the close of the hearing»)?

Did the board err in law by determining that the record becomes publicly available at the close of the hearing, unless the chief or the parties to the appeal apply for a sealing order or apply to have some or all of the record redacted?»

Did the board err in law and breach its duty of fairness in determining the circumstances in which the record would be made publicly available following an appeal when that issue was not before the board?

Not exact matches

The Minister of Health, Kwaku Agyemang Manu, has said the Chief Executive Officer of the Korle Bu Teaching Hospital, Dr Felix Anyaa, erred in his decision to terminate the hospital's revenue collection contract with uniBank, without his [Minister's] approval in the absence of the institution's governing board.

Last month, the town attorney's office informed the planning board that it «may have erred by making the condemnation of the northerly West Drive a condition of approval» of the application.

A state appellate court has determined the Board of Parole erred in rejecting a 54 - year - old convict's 2014 request for release when it failed to weigh the significance of the fact that he was 16 when he committed the murder that landed him in prison 37 years ago.

The Illinois Education Labor Relations Board ruled last week that the Chicago Board of Education erred in eliminating three days from the school calendar without notifying the union and without bargaining.

This story erred in describing the SEED School in the District of Columbia as the only public boarding school in the nation.

In a Jan. 19 ruling, Judge T. Henley Graves said the board had erred in voting to dismiss Ms. Jones without fully reviewing all the exhibits in her case.

Greg Magnuson said the intent of the Local Control Funding Formula is local control, and the State Board should err on that side of the law, then fix it in 3 - 5 years if it's not working to the benefits of disadvantaged students Credit: John Fensterwald, EdSource

UPDATED * LA Unified Superintendent Ramon Cortines has corrected a statement he made at Tuesday's board meeting, telling the members in an email that he erred in saying charter schools receive more in state funding than traditional public schools.

Unlike fixed steps, which err on the higher side to maximize ground clearance, powered running boards extend lower, allowing even little ones to step up into the vehicle.

The case, brought forward by the Gitga'at and other coastal First Nations, argued the province erred when it handed over decision - making authority for the project to the federal government under a provincial - federal Joint Review Process managed by the federal National Energy Board.

Information often included: • Basic nonprofit information: organization name, number of directors and term limits, type of incorporation and amendment procedures • Meeting details: location of meeting, how often meetings occur, procedures to call special meetings, how meetings are announced and quorum size (minimum number of people required for meetings) • Board of directors information: director qualifications, term limits and attendance requirements, removal procedures, definitions of roles and conflict of interest policies • Membership information: eligibility requirements, dues, voting rights of members, and quit or termination procedures Erring on the side of simplicity usually is the best way to start.

The Court held that the Board further erred by attributing human rights protection to all family - related leave permitted under the collective agreement, contrary to the Federal Court's earlier identification of the following four factors to establish discrimination on the basis of family status related to family responsibilities:

In this wrongful death suit against a school board for a bus accident that killed a four - year - old child, the trial court erred in in ordering that the separate awards to the child's two minor brothers be held by the clerk...

As a consequence, the question at WCAT proceedings should have been whether the Board and the Hearing Officer erred in making the determination — the burden of proof lies with Maritime Paper to prove, on the civil standard, that «it was more likely than not that Mr. LeBlanc was not entitled to a PMI of 14 %» [see para. 26].

SAS appealed the PTAB decision to the Federal Circuit, arguing that the PTAB improperly based its decision on a claim interpretation different from the one adopted in its decision to institute, and on the grounds that the Board was required to address all challenged claims under 35 U.S.C. § 318 (a), As discussed previously, the Federal Circuit ruled that the PTAB erred in relying on a new claim construction with providing adequate notice to the patent owner.But the Federal Circuit ruled that the Board acted within its authority to omit some challenged claims from the final written decision.

Appeal Board decision: The Investigative Committee appealed the panel's decision to the Appeal Board of APEGA, which quashed the panel's decision and remitted the matter to a differently - constituted discipline panel for a new hearing; the panel erred in finding that the Investigative Committee had to approve specific charges, and in finding that the referral by the Investigative Committee was tainted by a reasonable apprehension of bias.

The EU General Court has annulled a decision of the Fifth Board of Appeal of the EUIPO in opposition proceedings involving various ZOOM marks in Classes 9 and 15, finding that it had erred in its assessment of the similarity of certain goods.

However, the Board herein erred failing to consider the principles of technological neutrality and balance in setting the valuation of this particular licence, so the matter is remitted back to the Board for reconsideration.

Although the trial judge erred in concluding Midland could recover its loss as the beneficiary of a fiduciary duty Roberts owed to Magellan, the court saw no error in the trial judge's finding that Midland suffered a loss of US$ 8.27 million as a direct result of Roberts» failure to disclose material information at the Magellan February Board meeting.

Therefore, the trial judge did not err in holding that the school board's refusal to exempt their children from the ERC course did not violate their constitutional right.

One of the issues that the Board had to address was whether the appeal adjudicator erred when she concluded that the employees had not been paid in accordance with section 2 - 35 of the Saskatchewan Employment Act (Act).

Managing Director of ERR's Austrian freight wagon holding firm, Jürgen Bauer, will be the COO on Aves One's Board of Directors.

(1) On appeal, the appellant argued that the application judge erred in concluding that he did not have the power to postpone the upcoming election for the respondent's Board of Directors.

We reject the claim, advanced by Price Waterhouse here and by the dissenting judge below, that the District Court clearly erred in finding that Beyer was «responsible for telling [Hopkins] what problems the Policy Board had identified with her candidacy.»

In connection with this point, she alleged that the trial court erred in finding that she waived her right to object to Board arbitration by appearing at the hearing.