Sentences with phrase «application of fairness»

UTCCR, reg 6 precludes application of the fairness test to a core term including one providing for price or remuneration provided it is in plain and intelligible language.

The quintessential work of a parliamentary ombudsman requires the application of fairness principles to the decisions, actions and general conduct of the public service.

Now they may disagree on the application of fairness, but neither denies that fairness exists.

The applications of these fairness principles help ensure that the reasonable expectations of citizens with respect to their public bodies are met without incurring the weight of the judicial or quasi-judicial process.

Not exact matches

If I may presume, however, to speculate about the ground of his teaching, I would suggest that the key to the matter is the application of the Golden Rule of fairness to the question of supporting such laws.

Perhaps the commonest view among academics studying government reform is the sceptical verdict that pressures for cost - cutting came at the expense of traditional administrative values — careful rule - application and consistency and fairness in handling cases.

Does this not introduce the need for further nuance in the application of any reciprocity argument, and further, the understanding of fairness upon whcih it might be based?

The present report incorporates seven of those 13 dimensions that are outward facing for students and families and most likely, conceptually, to play a role in their exercise of school choice: Alternatives to traditional schools, e.g., number of seats in charter schools; Assignment Process, i.e., the extent of school choice and its» fairness; Common Application for traditional and charter schools; Accessibility of information on the choice process; Understandability of the information provided to parents on which to compare schools; Transportation to schools of choice; and School Quality in the district.

Our judges and courts, each day, strive to ensure the fair, impartial and independent administration of justice so that each citizen is treated with respect, dignity and fairness, and receives a «fair shake» in the application of our laws.

70 While the principles of fairness and flexibility have informed the modern approach to the application of proprietary estoppel, as adopted by this Court in its jurisprudence (see Idle - O Apartments Inc. v. Charlyn Investments Ltd., 2014 BCCA 451 (B.C. C.A.) at para. 49; Sabey v. von Hopffgarten Estate, 2014 BCCA 360 (B.C. C.A.); Scholz v. Scholz, 2013 BCCA 309 (B.C. C.A.) at para. 31; Sykes v. Rosebery Parklands Development Society, 2011 BCCA 15 (B.C. C.A.) at paras. 44 - 46; Erickson v. Jones, 2008 BCCA 379 (B.C. C.A.) at paras. 52 - 57; Trethewey - Edge Dyking (District) v. Coniagas Ranches Ltd. [2003 CarswellBC 657 (B.C. C.A.)-RSB- at paras. 64 - 73; Zelmer v. Victor Projects Ltd. (1997), 34 B.C.L.R. (3d) 125 (B.C. C.A.) at paras. 36 - 37), there remains a necessary balancing between an overly broad application of the doctrine under the general guise of «unfairness» and an overly narrow application of the doctrine that places excessive weight on the technical requirements of the doctrine.

The Court of Appeal suggests that in the pursuit of greater procedural fairness for SRLs, there should be flexibility in the application of Family Law Rules and the Rules of Civil Procedure.

By contrast, the application and consideration of fairness in relation to co-habitees is limited in scope to the parties» course of dealings in relation to the property (ie restricted by property law principles).

«Baroness Hale, at [147] to [152], squarely faced the conceptual difficulties inherent in the different application of the sharing principle to short marriages but considered that, on balance, perceptions of fairness justified it.

I have advised and successfully advocated for clients dealing with tax authorities in the course of audits, Objections, Tax Court appeals, rectification applications, voluntary disclosures, fairness applications and in protecting clients» rights to privileged information.

In R (on the application of Eisai Ltd) v National Institute for Health and Clinical Excellence EWCA Civ 438, [2008] All ER (D) 02 (May) one of the drug companies involved appealed on a narrow point involving procedural fairness.

Yet pure logic can not achieve the fairness attained by the application of Reibl test.»

There must be a fairness and an equal application of the law to both parties.»

Where these two requirements are satisfied, liability may be imposed even though the «but for» test is not satisfied, as it otherwise would offend basic notions of fairness and justice to deny liability by the rigid application of the «but for» test.

If «justice» is the impartial application of the law to evidence in accordance with the rules of procedural fairness, the answer is obviously, No.

One could fairly argue that a prospective application of the statute best achieves this goal — it reduces costs by lowering the PJI rate on new claims, while still «ensuring fairness» by maintaining the old rate on existing claims.

It requires, as well, measures to ensure adherence to the principles of supremacy of law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision - making, legal certainty, avoidance of arbitrariness and procedural and legal transparency.»

Citing R v Schmaltz, 2015 ABCA 4 at para. 13 and R v Werkman, 2007 ABCA 130 at para. 3, the Court of Appeal found both the issue of trial fairness and application of the rule in Browne v Dunn were questions of law reviewable on the correctness standard.

«Basic principles of fairness and due process preclude retroactive application of the new ABC test in a way that would nullify years of litigation and a full trial,» Grubhub's lawyers at Gibson Dunn told the Ninth Circuit on Tuesday.

Doody itself involved such an application of the common law principle of «fairness» in a statutory context, in which the giving of reasons was seen as essential to allow effective supervision by the courts.

Procedural Justice Concepts in Arlington, Texas PowerPoint Presentation Theron L. Bowman, Ph.D., Police Chief, Arlington Police Department Chief Bowman's outline of procedural fairness applications gives an overview of concrete actions a police department can take to advance law abiding in the community and the standing of the department in the eyes of its employees and the community.

One of the most complicated topics in immigration law is determining when procedural fairness will require an immigration officer who is assessing an application to seek clarification in the form of a fairness letter or interview.

The application judge's decision to dispose of the application on a basis that was not advanced by the parties amounts to a denial of procedural fairness.

In a December 2011 presentation to the Conference of State Court Administrators, Judge Kevin Burke presented an overview of procedural fairness and its practical applications.

Whilst a Judge may initially be sympathetic if, for example, a statement of case or defence aren't in the format a lawyer would know they need to be presented in, the court is very unlikely to continue to grant leeway once an initial warning has been given, and, as another example, turning up to court to defend an application by the opponent to strike out your claim and simply arguing it wouldn't be fair to allow the application because of the overriding objective of fairness would be given short shrift.

Kansas Appellate Judge Steve Leben's paper «Considering Procedural Fairness Concept in the Courts of Utah» highlights ways in which procedural fairness principles can be applied in courts and also examines their application to programs measuring judicial performance.

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In line with practitioners, who have argued that interest accrues continuously and that the CRA's administrative practice has no «fairness» rationale, Justice Stratas accepted Mr. Bozzer's position that the 10 - year limitation period is the 10 years that end with the taxpayer's application for relief, regardless of the taxation year of the principal tax debt.

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The UPnP system is, in fairness, way more useful than the WPS system — it automates the process of opening ports in your firewall for applications like Skype and Plex media server — but like WPS it has security flaws that can allow malicious parties access to your router.

In the interest of fairness, human resources departments stick to closing dates and do not allow managers to consider late applications unless all late applications are accepted.

Having his abilities to balance courteous communication coupled with consistent application of policies and laws for the fairness of tenants and investors is unmatched amongst property managers in South Carolina in our opinion!