Not exact matches
This charge was prominent in the Atomic Energy
Commission's statements and
decision, but was given little weight by the Personnel Security Board (the Gray Board), which after extensive hearings
found «no indication of disloyalty... and eloquent and convincing testimony to his deep devotion to his country» and «a high degree of discretion reflecting an unusual ability to keep to himself vital secrets.
Decision: Based on the overwhelming evidence before the
Commission, the
Commission is satisfied and
finds as a fact that the vehicle was received and added to the Presidential Pool on 2nd November, 2012.
Decision: Under the circumstance, the
Commission finds the allegation that the Ministry of Roads and Highways was in the process of awarding the contract for the construction of the 28 kilometre Wa - Hamile road worth GHC82, 000,000.00 to Djibril Kanazoe through sole sourcing speculative and not supported by the evidence.
Decision: The
Commission is satisfied with the actions of the Respondent after the gift was made, and accordingly
finds that his conduct was not consistent with that of a person who had been corrupted by a gift or improperly influenced by same.
His
decision to remain an «active» judge prompted the state
Commission on Judicial Conduct to
find last month that McCullough failed «to respect and comply with the law.»
The Siena poll
finds Cuomo's
decision to end the Moreland
Commission, in the midst of a corruption probe, doesn't sit well with voters.
The
finding, which comes from a YouGov survey
commissioned by campaign site Avaaz, increases the pressure on the government on the final day of consultation on the
decision.
Kicking the
decision over to a
commission looks to have a healthy track record of delivering: a 2014 study by the National Conference of State Legislatures (NCSL)
found that every state legislature that saw a pay raise during the preceding 12 months had done so without a vote; the states that saw the largest hikes, Hawaii and California, each did it by passing the task to a
commission.
Find below a section of the EC statement EC CLARIFIES ELECTRONIC RESULTS TRANSMISSION AND CONTRACTUAL PROCESS As obvious from the above extract from the Committee's recommendations, the Electoral
Commission only accepted to implement a proposal and
decision which was taken by the Committee and collectively accepted by all the political parties at the Inter-Party Advisory Committee (IPAC) level.
The
commission investigated Monserrate's fund, to which a number of lawmakers also contributed, based on a joint complaint filed by Common Cause / NY, the NY League of Women Voters and NYPIRG, which also publicized the
findings (had it not been for a press release from Blair Horner this morning, I would have had no idea this
decision had even been reached).
ALBANY — A federal water study
commissioned by the Cuomo administration as it weighed a key
decision on fracking was edited and delayed by state officials before it was published, a Capital review has
found.
Aminu Sule Lamido, the 34 year old son of former Jigawa State governor, Alhaji Sule Lamido, had his appeal struck out on Monday by an appellate court sitting in Kaduna against the
decision of the Federal High Court, Kano which
found him guilty of the charge of money laundering brought against him by the Economic and Financial Crimes
Commission, EFCC.
However, legal experts point to an earlier appellate court
decision in 2003 on the Suffolk Ethics
Commission that
found a county can impose more stringent ethics regulations than those required by state law.
The Minority Caucus in Parliament has become aware of
findings contained in the
decision of the
Commission on Human Rights and Administrative Justice (CHRAJ) on a complaint filed against the Finance Minister over the infamous US$ 2.25 billion bond in March this year.
Improved diagnostic tests are on the horizon, but we need huge efforts to increase their accuracy, use them for active case
finding in the community, and eventually make them available in low income countries so as to inform treatment
decisions and preserve the efficacy of any new antibiotic drugs for TB,» says lead author of the
Commission Professor Keertan Dheda, University of Cape Town.
So it was an easy
decision for the clients to participate and benefit: Trident would only charge its customary
commission based on revenues received by the authors, and Trident would not become an e-book publisher, profiting at the client's expense, being a rights holder, and
finding itself potentially in an adversarial position with authors.
FERC agreed with the group,
finding approval «premature» and noting that it would «impact options the
commission could undertake in response to the EPSA
decision.»
The
decision to go for a 40 % emissions reduction target ignores key
findings from the European
Commission's own research which show higher targets will bring savings on health costs, reduce dependency on energy imports and not significantly affect GDP.
In Southeast Asia, the palm oil industry was stung by the
decision by Unilever, the world's largest buyer of palm oil, to suspend its contract with Sinar Mas, the world's second largest producer of palm oil, after an investigation
commissioned by the consumer products giant
found allegations made by Greenpeace about the palm oil producer's environmental record to be true.
A YouGov study,
commissioned by leading job board, totaljobs, surveyed 606 senior business
decision makers across Great Britain to
find out their opinions on mental health in the workplace.
In the
decision Commission v Germany, the Court dismissed an action brought under Art 260 (2) TFEU for failure to comply with the 2007 VW law judgment; and in Essent it
found Dutch measures ensuring public ownership of gas and electricity transmission system operators justifiable on public interest grounds.
Having regard to the high cost of pharmaceuticals ($ 34.5 billion in 2013), and the recent
decisions of the US Supreme Court and European
Commission finding that reverse payments are «valid targets for antitrust... [more]
The CJEU considered that while the national court is bound by the
Commission's
decision as to the existence of an anticompetitive practice,
finding such anticompetitive practice is only one element of a private action for damages.
If you go to a hearing and the
Commission rules against you, you will have the opportunity to file an appeal to the
decision; however, it will be very difficult, if not impossible, to
find an attorney to take over your claim at this point.
Since the summary of those
findings was announced, no details on the reasons and on the parties» petitions for review — other than the fact that both parties did ask the
Commission, the six - member
decision - making body at the top of the ITC, to overrule the judge in their favor on some items — entered the public record until today.
The Court also held that
findings can not be based upon speculation and that the
Commission had improperly interpreted the «recommending or encouraging» provisions of the Alberta Securities Act (the «Act») in a
decision that is certain to give pause to Securities
Commissions across Canada....
According to The Associated Press, a spokesperson for the
commission said the agency reversed itself to «follow... a recent U.S. Supreme Court
decision that
found states can not engage in «content - based discrimination.»»
But in an Oct. 25
decision, Court of Queen's Bench Justice William Grant
found that Potter was not constructively dismissed but had effectively resigned from his position when he launched his legal action against the
commission in March 2010.
The nub of the
Commission's reasoning is to be
found in paragraphs 54 to 70 of its
decision.
In the 2009
decision on the takeover of Dutch utility Essent by German utility RWE, the
Commission distinguished between peak and off peak hours, with markets being national at peak hours whereas there is a north west European market at off peak times (para. 30 et seq.) We
find none of this deeper insight in this preliminary assessment.
The
Commission summarised its
findings in the Pelikan / Kyocera -
decision in its XXVth Report on Competition Policy (1995)(cf. p. 41) as follows.
In order to support this
finding, the GC based itself on recital 140 of the
Decision, where the
Commission found that, because of the tax transparent status of the EIGs, which enables different operators to join and finance any investment or carry out any economic activity, the tax status of the EIGs under Spanish law did not confer any selective advantage to the EIGs or to their members.
EFIM sought for an annulment of the EFIM -
decision, but the General Court confirmed the
findings of the
Commission in its judgment of 24 November 2011 in Case T ‑ 296 / 09), including — interestingly enough — the substantive analysis of dominance based on the four criteria mentioned.
The Court
found that the (unique) solution imagined by the
Commission to compensate for the lack of safeguards established by US law does not conform to such requirements as the «Principles» only bind US companies that have self - certify and not US public authorities (Article 1 of the Safe Harbour
Decision).
Aside from the lower court
decisions in B.C. Motor Vehicles Reference, it appears the only
decisions to
find that «principles of fundamental justice» include a substantive element are Regina v. Young (1984) 46 O.R. (2d) 520 (C.A.) and Mia v. British Columbia (Medical Services
Commission), [1985] B.C.J. No. 2920 (S.C.).
This does not mean that the seal hunters will not prevail in the end (although I doubt it), as they have also challenged the
Commission implementing Regulation, which will enable them to challenge the basic Regulation too (the
decision of the GC in that case can be
found here and my comments are here).
(The record of the
Commission's
findings between January 2004 and July 2014 indicates that in non-cartel infringement
decisions the majority (10/12) were based on a «by object»
decision which saved the need for the
Commission to spend time and resources in examining detailed evidence on the effect of the agreements under scrutiny).
Given the gaps
found, the working party urged the
commission to resolve these concerns in order to improve the draft adequacy
decision and ensure that the Privacy Shield offers equivalent protections to that of the EU.
On 26 July 2000 the
Commission issued such a
decision finding that the Safe Harbour provided adequate protection.
On that note, here are Legal Sourcery's most popular CanLII tips: CanLII's Boolean Operators; CanLII Commentary; CanLII Connects: Start Taking Your Research to the Next Level; CanLII Tutorial Videos; Office of the Residential Tenancies
Decisions on CanLII; Saskatchewan Labour Arbitration Awards; Saskatchewan Real Estate
Commission on CanLII; What Do You Do When You
Find What You've Been Looking For?
These include: United States v. Resendiz - Ponce, which presents the question whether the omission of an element from a federal indictment can constitute harmless error (9th Circuit says no); Global Crossing Telecommunications, Inc. v. Metrophones Telecommunications, Inc., on whether a provider of pay phone services can sue a long distance carrier for alleged violations of the Federal Communications
Commission's regulations concerning compensation for coinless pay phone calls (9th Circuit says yes); Cunningham v. California, a sentencing case involving whether whether California's Determinate Sentencing Law violates the 6th and 14th amendments to the U.S. Constitution by permitting California state court judges at sentencing to impose enhanced sentenced based on their determination of facts neither
found by the jury nor admitted by the defendant; and Carey v. Musladin, reviewing the 9th Circuit's
decision to overturn a murder conviction of a defendant who claimed he was denied a fair trial because the victim's relatives appeared in court wearing buttons with the deceased's picture on them.
A more complete discussion of these issues can be
found in the
Commission's
decision Randall v. SHS International, Inc., VWC File No. 214-26-37 (March 29, 2004).
The court upheld the
decision of the Court of Appeal and High Court that the owner of the track, had no liability for the nuisance since they did not «participate directly» in the
commission of it, but
found the occupiers were liable.
BAA Ltd v Competition
Commission & Ryanair Ltd The Court of Appeal has restored the Competition
Commission («the
Commission»)
decision ordering BAA to divest itself of Gatwick airport, Stansted airport, and either Glasgow or Edinburgh airport,
finding that there was no apparent bias in its
decision.
b) The
Commission found a «final
decision» was made in respect of the grievances at the third level, but did not provide any analysis or reasons for this
finding, nor comment on the merits of the grievances;
Since Spraytech, it has cropped up in a whole range of municipal reports, environmental review
commission findings and terms of reference and in more and more legislation and court
decisions.
Now, in this case the Court of Appeal had clear guidance with respect to the fifth factor in the form of a recent Supreme Court of Canada
decision — ATCO Gas and Pipelines Ltd v Alberta (Utilities
Commission), 2015 SCC 45 — in which the Court
found the standard to be applied to
decisions of the
Commission (when applying its expertise to set rates and approve payment amounts) is reasonableness.
In summary, their lordships upheld the approach adopted by Ofcom (in line with the
Commission's Reg TP
decision) when assessing H3G's position on the market, ie, ignore all SMP related regulation, whilst taking account of regulation that would continue to exist independently of an SMP
finding throughout the relevant (forward - looking) period.
Akzo Nobel Chemicals is seeking a review and annulment of the
findings of the Court of First Instance (CFI) in September 2007, upholding a
decision of the
Commission to read documents it obtained while investigating possible anti-competitive practices.
This restates the
finding of the European
Commission's admissibility
decision in Dujardin and Others v Franc.