Sentences with phrase «scc rejects»

SCC rejects leave to appeal by municipalities found liable for sisters» paralysis, Toronto Star

Update: on June 21, 2017, a Hearing Examiner recommended that the SCC reject APCo's application, finding it not in the public interest.

The SCC rejected the appeal, addressing at length the issue of when a «collateral benefit» or «compensating advantage» received by a plaintiff should reduce the damages payable by a defendant.

In so finding, the SCC rejected the Crown's position that the taxpayer was required to use the realization method and report the income in the year of realization.

Ironically, the fact pattern is even worse (for the LSUC) than in the original 2001 TWU decision, since in that case, the BC College of Teachers was trying to require TWU graduates to spend another year at SFU (I presume to beat the presumed homophobia out of them)-- which position the SCC rejected.

While the SCC rejected the details of the Clements analysis of Resurfice material contribution, the SCC seems to have accepted the BCCA explanation that Resurfice material contribution is not a test for factual causation but a policy — based approach that, in certain circumstances, will permit the courts to hold the caausation requirements of the cause of action have been satisfied notwithsanding that factual causation has not been established on the balance of probability.

Not exact matches

In Sierra Club's appeal filed yesterday by attorneys with Appalachian Mountain Advocates, the law firm representing it in court, the Club argues that the SCC was wrong to reject its petition and seeks an order reversing the SCC's decision.

West Virginia's State Corporation Commission (SCC) rejects Appalachian Power Company's Mountaineer IGCC plant, a proposed 629 MW facility in Mason County.

Canada's patent regime has stepped in line with the rest of the world after the Supreme Court of Canada (SCC) rejected the promise doctrine, Toronto patent lawyer Aaron Edgar tells AdvocateDaily.com.

unless this case goes to SCC it will be of no value to the rest of canada - a newsreel media story on Ivan Henrysaid «the judge intentionally labelled Henry vexatious so he would not have a chance to appeal to SCC - the SCC automatically reject the vexatious» i am trying to figure out how this is done - in my case the ns attorney general defence lawyer had been on my case for years then one week before i sent in my SCC appeal books she wrote me and said she had moved to the SCC office where my books would be ariving!!!!!!! i reported this to the SCC but my complaint was ignored - so did the NSAG lawyer get ahold of my books and change them so SCC judges never seen my arguements - thats how bad they do nt want SLR's to use the courts!!!!!!

relied on a decision of your Court of Appeal for a proposition which had been rejected by the Supreme Court in at least 3 decisions after that Court of Appeal decision and (you did so) without mentioning the SCC decisions on point; or

Counsel who work in the area will recall the explanation the SCC provided in Resurfice for rejecting the Alta CA's view of the law, 2007 SCC 7, [19]

This appeal was more contentious than its companion case (R. v. Chehil, 2013 SCC 49), in which the court unanimously rejected the accused's appeal.

While the SCC and other levels of court do not usually give reasons for rejecting interveners or undoing the decision to reject interveners, the News Release provided some insight into the procedural challenges faced by the SCC when planning hearings involving multiple applications from potential interveners.

R. v. W.E.B., 2014 SCC 2 (35089) Moldaver J.: «The Court of Appeal rejected the appellant's submissions.

While the Supreme Court of Canada rejected the approach taken by a majority of the BC Court of Appeal that the doctrine of interjurisdictional immunity protected InSite as a creation of the province's purported «core» legislative power over health issues — the SCC could not identify a «core» power over health exclusive to provinces, found that the ousting of criminal law from the domain of health could potentially create problematic «legal vacuums», and that the CDSA as a whole was still valid and applicable legislation — the Minister's decision to deny an exemption to InSite violated the claimants» section 7 Charter rights.

Martin v. Alberta (Workers» Compensation Board), 2014 SCC 25 (35052) Provincial boards and authorities are required under federal legislation to apply their own provincial laws and policies, provided they do not conflict, and here the Commission's decision to reject the claim was reasonable.

The actual malice requirement in that case is generally considered an anomaly at common law, and was expressly rejected by the SCC in Hill v. Church of Scientology of Toronto,

22 and 23, 2005 SCC 56, [2005] 2 SCR 669, in support of the proposition that living constitutionalism is the dominant approach to interpretation in Canada, while originalism has been rejected.

When the Supreme Court finally returned to Athey material contribution in 2007 in Resurfice Corp. v. Hanke, [2007] 1 SCR 333, 2007 SCC 7 — after having rejected a decade of leave applications which asked the Court to explain this aspect of Athey — a unanimous 9 - member Court (McLachlin C.J., Bastarache, Binnie, LeBel, Deschamps, Fish, Abella, Charron and Rothstein JJ.)

So the argument that you're making has already been rejected by the SCC.

They rejected TWU submission, based on the recent SCC decision in Mouvement laïque québécois v. Saguenay (City), that the standard should be one of correctness on the basis that the decision was a general question of law falling outside of the expertise of the law society.

In the recent ruling of R. v. Cody, the Supreme Court of Canada (SCC) reinforced the importance of the right to be tried within a reasonable time and rejected the invitation of the various provincial Attorneys General, who intervened in the matter, to revisit the time limits established in R. v. Jordan.

As the motion judge correctly concluded, it is a category that has already been considered and rejected: see Hill v. Hamilton - Wentworth (Regional Municipality) Police Services Board, 2007 SCC 41 at paragraphs 27 and 45.