[iv] Adrian Vermeule, Judging Under Uncertainty: An Institutional Theory of Legal Interpretation (Cambridge, MA: Harvard University Press, 2006) and Paul Daly, «The Unfortunate Triumph of
Form Over Substance in Canadian Administrative Law» (2012) 50 (2) Osgoode Hall Law Journal 317.
The Unfortunate Triumph of
Form over Substance in Canadian Administrative Law (2012) 50:2 Osgoode Hall Law Journal 317.
Paul Daly, «The Unfortunate Triumph of
Form over Substance in Canadian Administrative Law» 50:2 Osgoode Hall LJ [forthcoming in 2012].
If you are a regular follower, you have probably seen these before, but two of my recent essays have been published and are now available for free download and citation: The Unfortunate Triumph of
Form over Substance in Canadian Administrative Law (2012) 50:2 Osgoode Hall Law Journal 317.
Not exact matches
It is knowledge that, as we come to know it more and more deeply
over many years, will give
form and
substance to our entire imagination, to our whole way of being
in the world, to our very existence.
Ultimately, the inter-connectedness of reality and
form takes primacy
over the Cartesian preference for
substance and quality
in Whitehead's philosophy (PR xiii).
When you leave the chia seeds to soak
in liquid
over night (as
in this chia pudding), the seeds absorb the water and
form a gel - like
substance that coats the middle of the seed (a black center).
Formed over 45 million years ago, Baltic amber is an organic
substance, a «fossil resin» produced by pine trees which grew
in Northern Europe - from southern regions of the present day Scandinavia and nearby regions of the bed of the Baltic Sea.
Our intestines (which should be filled with
over 100 trillion good bacteria)
form a tight junction and act as a proactive barrier to our system, keeping what should stay
in the stomach stay there and making sure harmful
substances such as yeast, food particles, toxins and bacteria are not absorbed directly into our blood stream.
This slow digesting protein mainly
forms a gel kind of
substance in your gut, which results
in a constant release of amino acids into your blood stream
over time.
, humanity pours
over Hell's Kitchen like the waxy blood - like
substance that
forms the city
in its haunting credit sequence.
But to highlight the centennial would be an exercise
in elevating
form over substance compared to the real celebration: the first traditional shelter that serves as an animal control agency that takes
in every stray animal and has not killed a single healthy animal, feral cat, or sick or injured treatable animal since June 11, 2001.
By painting layer upon layer of whites and off - whites
over silkscreened elements used
in previous works — monochrome
forms taken from reproductions, enlargements of details of photographs, screens, and polaroids of his own paintings — he accretes the surface of his pressurized paintings while apparently voiding their very
substance.
The travaux préparatoires show that various concerns were raised
over the
form and
substance of this principle, including concerns that severability of arbitral awards would
in practice «open the door to a review as to
substance», 794 which the drafters of the New York Convention sought to prevent.
Significantly, the CSA stated that «
in assessing whether or not securities laws apply, we will consider
substance over form» and accordingly, securities law could apply to coin offerings
in Canada.
It set me thinking about the extent to which,
in more general terms,
form over substance is a familiar feature of the actions, decisions and priorities of some of the legal and professional publishers.
This was very much the case with his article Legal Publishing and Market Research — Getting It Right,
in which he succeeds
in identifying «
form over substance» motives
in some publishers» research and
in so doing highlights something short of honesty behind much of it.
The lower courts» decisions
in this case always seemed to me to be too pure for real life,
form over substance.
For the majority, the Appellant was really making a complaint of
form over substance — that the Appellant was not
in fact prejudiced by the Respondent's failure to file and serve a formal notice of application for the summary dismissal (although, at para. 17, the majority accepts that
in some circumstances, prejudice may be caused to the opposite party).
Thus
in the fall of 1979, [following the decision
in Canadian Union of Public Employees, Local 963 v. New Brunswick Liquor Corporation (1979), 79 CLLC 26 14,029 (S.C.C.)-RSB- the Board could give ascendance to its objective of creating a better climate for labour relations problem solving at its hearing by discontinuing recording and avoiding the formality and regard for
form over substance that accompanied recording.
Despite the apparent consensus
in the BEPS Reports, each country's view of «fair share» will be different Paying a «fair share» is a difficult concept
in a «rule of law» tax system like Canada whose courts have eschewed «
substance over form»
in their decisions.
You might find yourself creating a situation that looks okay on paper but gets overturned
in an audit because it lacked economic
substance (
substance over form).
Responding to TREB's statement that it is not
in a position to control the real estate market because it is not licenced to sell real estate is «a technicality favouring
form over substance,» says Aitken.