While standard of review grounds of appeal have not been favourably received by the SCC since being exhausted by Dunsmuir (whatever that now means) a case such as this may provide the proper constellation of legal problems to warrant a review.
Not exact matches
I would tend to give more credence to the competency
of their views than those
of housing bears who post analyses and charts at the click
of a mouse, all the
while unconstrained by due - diligence
standards or even such things as the peer -
review process that serves academia so well.
While unions tend to be hesitant about automation, they are eager for training programs that can help advance their members» skills, says Daniel Wagner, the director
of education,
standards, and training for the International Sanitary Supply Association (ISSA), which
reviews and validates training programs.
A
while back I realized that the razor
review section has been neglected somewhat and since then I have been picking up razors
of all kinds — the Merkur Progress, the Black
Standard, a bunch
of discount razors from AliExpress that I am still waiting for, and the subject
of today's
review the RazoRock Super Knurl DE Safety Razor from the Italian Barber — all in order to build it up.
In Dr. Vinson's role as Deputy Editor, she oversees research content in the area
of cellular and molecular biology and biomedicine, working with biology editors to attract and select exciting research papers and
reviews,
while maintaining high editorial
standards.
While more than two - thirds
of nonacademic organizations consider performance
reviews standard practice, almost half the academic institutions questioned in a survey conducted by COSEPUP said they do not officially
review their postdocs.
While the recommendation to remove fat from your diet was
standard medical advice for years, a new
review of published studies shows that changing the types
of fats you eat will bring better results.
Iron Fist has recently come under fire for a number
of reasons; if
reviews are to be believed, it's nowhere near the gold
standard of previous Marvel - Netflix collaborations,
while many have accused the show
of whitewashing, due to the decision to cast a white actor, Finn Jones, in the title role.
However, a
review of evidence relating to the accessibility
of the 2016 key stage 2 reading test, which acknowledges concerns raised by teachers, states that «
while standards were set appropriately in 2016, the
review suggests that the test seemed to be more challenging than the sample materials provided».
Student evaluations frequently reflect popularity or grading
standards, rather than genuine instructional quality, and exhibit gender, racial, and ethnic biases, [v]
while peer
reviews are subject to «halo effects» resulting from evaluators» knowledge
of a faculty member's research record.
Oklahoma and South Carolina pulled out
of the
standards,
while Tennessee and Arkansas revised them through state
reviews.
Members
of the Academic
Standards Review Commission have until December 2015 to suggest changes to North Carolina's standards, which include Common Core, to the State Board of Education, which is then required to take those suggestions into account while conducting its own review of the academic stan
Review Commission have until December 2015 to suggest changes to North Carolina's
standards, which include Common Core, to the State Board
of Education, which is then required to take those suggestions into account
while conducting its own
review of the academic stan
review of the academic
standards.
«
While alignment to Florida
standards was confirmed for the majority
of items
reviewed via the item
review study,» the firm wrote in its report, «many were not confirmed, usually because these items focused on slightly different content within the same anchor
standards.
Review and scaffold instructional materials for students identified with learning needs
while still maintaining the appropriate level
of rigor and complexity to meet and exceed goals and
standards
While a full repeal
of the
standards remains rare, the staying power
of the Common Core will continue to be tested as state task forces and
review boards have the opportunity to chip away with potential changes, administrative roadblocks, or delays.
While it is clear that the two polls tapped very different constituents, Rick Hess, resident scholar and director
of education policy studies at the American Enterprise Institute, says that it isn't surprising that a
standard - by -
standard review of the Common Core would look different than a
review of the sum
of Common Core's parts.
While the Trump administration has agreed to open a
review of Obama - era 2022 - 25 emissions
standards, the law remains on the books and will likely be difficult to change or remove.
One is
of the plug - in variety (covered in a separate
review)
while the other is a
standard hybrid, which will earn a 47 mpg combined EPA rating when it debuts later in the 2014 model year.
The
standard version
of the Alto with the option
of the airbag is now priced at $ 2.62 lakh
while the LXI variant
of the K10 with the airbag costs $ 3.45 lakh (all prices ex-showroom Delhi) Also Read: Maruti Suzuki Alto K10 AMT
Review
While the airbag is still not part
of standard equipment on the Alto but the left outside rear view mirror will be made available across all variants
of Alto Also Read: Maruti Alto 800
Review Here are the prices
of the car.
In sum We liked the Hyundai Sonata SE when it was
reviewed back in 2010, calling it «a great value, packing in a strong assortment
of standard and optional cabin tech, good looks, and performance, all
while maintaining a relatively low price.»
If
while reviewing your submission we find that your book is not
of a certain quality or
standard we may refuse to host you on the site.
Many
reviews are unmoored from any
standard of evaluation,
while some are plainly meant to wound.
While these payment methods are fairly industry
standard, some user
reviews did complain about the lack
of an option to fund an account or take profits via PayPal.
While reading James O'Shaughnessy's Predicting the Markets
of Tomorrow (full
review to come later), I came across an interesting section with three different models used to forecast the
Standard & Poor's 500 Index.
The Humane Society
of the United States, the ASPCA and Best Friends Animal Society offered mixed
reviews of the new animal care
standards for large - scale commercial puppy mills recently finalized by the Missouri Department
of Agriculture, noting that some
of the
standards have been strengthened
while others have been significantly weakened during the agency's rulemaking process.
While the research is not always
of the gold -
standard variety — double - blind, placebo - controlled trials that are published in veterinary journals only after passing muster with a team
of independent scientific experts who
review the trials for study design and overall quality — preliminary studies do exist, and some dog food manufacturers have gone ahead and tested products on their own.
While each individual dog is unique and many don't conform to breed
standards,
reviewing dog breeds is a good way to begin the process
of selecting a pet to join your family.
The location is excellent and surprisingly quiet, and
while the Supreme is a veritable fossil by downtown Singapore hotel
standards, the rooms are oversized verging on... Read our full
review of Hotel Supreme.
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Total War is a series
of strategy games that many
of you already have come to love, and rightfully so as the latest release from the series Total War Shogun 2 was a masterpiece in a genre where it takes so much for a game to rise above the
standard set by games
of this calibre, and I was personally very excited to get to
review Total War Rome 2 but after withholding this
review for weeks
while waiting for patches to release I figured it was time to let my voice be heard about the state
of this game as
of now.
A quick
review of the site identified that
while the terrace houses could be adapted to the passive house
standard, the three remaining units had a poor orientation and form factor and were unlikely to achieve the passive house
standard cost - effectively.
While the main part
of the case discussed the usual components
of medical malpractice action (
standard of care
of a physician and causation), it's Canada - wide implication arises from a part
of the decision that
reviews and clarifies the law on «confidentiality between patient and doctor» in a legal context.
The College appealed to the Court
of Appeal on several grounds, including that the chambers judge failed to apply a reasonableness
standard of review while improperly re-weighing the evidence, and erred in finding the decision unreasonable by improperly requiring the inquiry committee to weigh the respondent's version
of events.
The court decided to
review Issues 2, 3, 5 and 6 on a «deferential
standard of reasonableness,» but applied correctness to Issues 1 and 4: «
While I acknowledge that in the administrative law context a tribunal may develop its own procedures as to admissibility without the recognized strictures found in the judicial rules
of evidence, whereas issues # 1 and # 4 principally involve specific questions
of law and concurrent issues involving breaches
of natural justice or procedural fairness, I will apply a
standard of correctness.
Accordingly,
while panels may depart from strict rules
of evidence, evidential issues may be subject to
review on a
standard of correctness.
In other words,
while Justices LeBel and Cromwell purported to apply the categorical approach, [60] the real drivers
of the choice
of standard of review were the much - maligned
standard of review analysis factors.
While at K&L, Beau also directed and coordinated data
review and production efforts
of project teams comprised
of more than 100 attorneys and technical staff located across multiple offices; developed and implemented training programs for attorneys, paralegals, and technical support staff; and trained
review attorneys in
standard document
review operating procedures, matter specific background information, and usage
of proprietary software.
The Court held that the Board findings regarding the prima facie discrimination test were properly
reviewed on a
standard of correctness,
while findings related to the application
of that test were properly
reviewed for reasonableness.
She also laid the foundation for the adoption
of AIA post-grant
review and oversaw policies,
standards and procedures
while also developing inter partes and ex partes reexamination training for CRU examiners.
Cases involving
standards of review and jurisdiction have been particularly plentiful,
while a number
of cases dealing with standing, procedural fairness, and the Charter are also worthy
of note.
So far, only three published studies have analyzed the association between brief readability and case outcome, 50 and no studies have analyzed that association in the trial courts, where most lawyers practice.51 Long and Christensen sampled 882 appellate briefs from the Supreme Court, federal appellate courts, and state supreme courts.52 Their dependent variable was the outcome
of the appeal (affirmed or reversed),
while their independent variable was readability measured by the Flesch Reading Ease score as calculated by Microsoft Word.53 For federal appellate and state supreme court briefs, the researchers coded control variables for federal or state court,
standard of review, presence
of a dissenting opinion, and readability
of the opinion deciding the appeal.54 For United States Supreme Court briefs, the researchers coded control variables for constitutional issue, criminal or civil case, presence
of a dissenting opinion, and opinion readability.55 They found no statistically significant correlation between readability and outcome in the briefs in their study.56
A series
of barriers collectively reduce the effectiveness
of initial and subsequent monthly
reviews of detention sentences including: arbitrariness
of decision - making in detention
reviews; detainee's difficulty in gathering new evidence
while in detention;
standard of proof for detainees; and prohibitive release conditions: Petra Molnar and Stephanie J. Silverman, Everyday Injustices: Barriers to Access to Justice for Immigration Detainees in Canada, Refugee Survey Quarterly (2016) 35 (1): 109 - 127 [Molnar & Silverman, Everyday Injustices].
While Dunsmuir is now synonymous with the
standard of review, it was not argued with much conviction in Mr. Dunsmuir's case.
Ironically,
while I was able to convince Mr. Petrie to seek leave, I was never able to get him interested in the
standard of review.
In Edmonton (City) v Edmonton East (Capilano) Shopping Centres Ltd., [5] the majority (5/4) affirmed its allegiance to the categorical approach
while summarily snubbing contextualism for generating «uncertainty and endless litigation concerning the
standard of review.»
Irritated because on
standard of review the Court seems literally incapable
of a consistent and practical approach,
while on solicitor - client privilege the Court has been so consistent that it risks fetishizing the significance
of solicitor - client confidentiality to the point
of jeopardizing other important legal interests.
While I have acknowledged that the
standard of review is at the heart
of judicial
review, there is so much more to administrative law.
The Court
of Appeal noted that the chambers judge's decision attracted a
standard of review of correctness,
while the reasonableness
standard applied to the Board's decision.
Thus, the court held that
while the Divisional Court chose the correct
standard of review, it erred in its understanding
of the evidence and
of the reasons
of the Discipline Committee, and it effectively sought to retry the case in a manner inconsistent with the proper application
of the
standard of review.