Sentences with phrase «application of the legal test»

The principal error in the arbitration decision was the application of a legal test that was too stringent and unreasonably narrowed the evidence of a drug and alcohol problem at Suncor's workplace.

Researching and reading the records so we know the facts backwards and forwards, and know what legal tests to plug those facts into, and know where the law is, what splits exist, and whether our courts» application of those legal tests is correct or needs finessing.

This finding is a proper application of the legal test.

There is no arguable case that the Agency erred in its application of the legal test in this respect.

Although the Court of Appeal did not find that Judge Lenehan had erred in law by stating that «a drunk can consent», his application of the legal test for a person's capacity to consent to sexual activity was a legal error.

The Director appealed the decision to the B.C.C.A and argued the judge erred in his application of the legal test that governs when a wiretap packet can be unsealed for a non-accused person.

Family law problems are not resolved by the application of legal tests with bright lines; each family law problem is different and, regardless of precedent, is resolved by the application of general principles to the unique circumstances of the particular family before the court.

Not exact matches

Actual results and the timing of events could differ materially from those anticipated in the forward - looking statements due to these risks and uncertainties as well as other factors, which include, without limitation: the uncertain timing of, and risks relating to, the executive search process; risks related to the potential failure of eptinezumab to demonstrate safety and efficacy in clinical testing; Alder's ability to conduct clinical trials and studies of eptinezumab sufficient to achieve a positive completion; the availability of data at the expected times; the clinical, therapeutic and commercial value of eptinezumab; risks and uncertainties related to regulatory application, review and approval processes and Alder's compliance with applicable legal and regulatory requirements; risks and uncertainties relating to the manufacture of eptinezumab; Alder's ability to obtain and protect intellectual property rights, and operate without infringing on the intellectual property rights of others; the uncertain timing and level of expenses associated with Alder's development and commercialization activities; the sufficiency of Alder's capital and other resources; market competition; changes in economic and business conditions; and other factors discussed under the caption «Risk Factors» in Alder's Annual Report on Form 10 - K for the fiscal year ended December 31, 2017, which was filed with the Securities and Exchange Commission (SEC) on February 26, 2018, and is available on the SEC's website at www.sec.gov.

Unconscionable conduct (agrees with NFF that they have not provided protection and support reforms «to provide transparency in the supply chain» and recognise that «certain classes of suppliers... are predisposed to suffering from a special disadvantage...»; misuse of market power (legal framework must «level the balance of market power in negotiations...», «ensure transparency in the transmission of market prices» and «not allow for final market risks to be borne by the primary producer» and provide «transparency of contract processes» - specifically, Canegrowers supports effects test and a process giving ACCC greater power to «regulate anti-competitive behaviour and impose penalties», shifting «the decisions framework from the judicial system to a regulatory system» which would make it more accessible to small producers); collective bargaining (notes limits of Sugar Industry Act (Qld); authorisation and notification approval costly and limited and not a viable alternative - peak bodies should be able to «commence and progress collective bargaining with mills on behalf of their members» and current threshold too restrictive)» competitive neutrality (mixed outcomes - perverse outcomes in the case of natural monopolies - suggest remove «application of competitive neutrality provisions to natural monopoly essential services»)

The application of the «real and substantial connection» test for enforcement of foreign judgments was further clarified by the Ontario Court of Appeal in a recent decision, part of a bitter and protracted legal battle over nearly $ 10 billion in environmental damages caused by the operations of Texaco (later acquired by the defendant Chevron) in Ecuador.

Court of Protection: after holding that an application to the Court of Protection concerning serious medical treatment was properly brought under s21A of the Mental Capacity Act — and therefore will benefit from non-means tested legal aid — Mr Justice Charles criticised the Legal Aid Agency, saying it would «advance any point it considers to be arguable to avoid paying legal aid&ralegal aid — Mr Justice Charles criticised the Legal Aid Agency, saying it would «advance any point it considers to be arguable to avoid paying legal aid&raLegal Aid Agency, saying it would «advance any point it considers to be arguable to avoid paying legal aid&ralegal aid».

Legal errors made in the course of contractual interpretation include the application of an incorrect principle, the failure to consider a required element of a legal test, or the failure to consider a relevant faLegal errors made in the course of contractual interpretation include the application of an incorrect principle, the failure to consider a required element of a legal test, or the failure to consider a relevant falegal test, or the failure to consider a relevant factor.

Legal errors made in the course of contractual interpretation include «the application of an incorrect principle, the failure to consider a required element of a legal test, or the failure to consider a relevant factor» (King, at para.Legal errors made in the course of contractual interpretation include «the application of an incorrect principle, the failure to consider a required element of a legal test, or the failure to consider a relevant factor» (King, at para.legal test, or the failure to consider a relevant factor» (King, at para. 21).

[11] The motion judge's assessment and application of real and substantial connection test in this case would lead to the surprising proposition that a Canadian corporation headquartered in Ontario can not use Ontario courts to enforce legal obligations owed to it under Ontario law by current and former senior officers who routinely traveled to Ontario on company business and who were in daily contact with the company in Ontario.

The question presented was whether the trial court erroneously assigned to the mother the burden to prove that the child's placement with her was in the child's best interests, because an established custodial environment existed with the grandparents, and whether the court's application of the Rummelt test constituted clear legal error and violated mother's fundamental liberty interest in raising her children.

(correct test for Barrister appeals; whether outside the ex improviso rule, prosecutor may call evidence after prosecution and defence case closed; use of debarring orders against prosecutor; whether tribunal may «enter the arena» and strongly request the attendance of a prosecution witness; whether BSB has power to summons witnesses; whether prosecutor may communicate with disciplinary judge behind the back of the defence; whether such communication redolent of actual bias of judge where judge wishes prosecutor good luck on appeal; whether apparent bias doctrine can be engaged by post-trial conduct of judge; legal effect of serving BSB prosecutions department officer being 1 of 4 appointing members of the COIC «Tribunals Appointments Body» (TAB); whether TAB ultra vires the Bar's Constitutions; whether open - ended power of removal of member of COIC pool without cause, unlawful given position of BSB Chair and senior staff on COIC; whether ECHR Article 6 guarantees against pressure on disciplinary judges to conform with a prosecutorial mentality; whether disciplinary judges Art. 6 «independent» within Findlay v United Kingdom given key role of BSB prosecutions department in appointing disciplinary judges; serious non-disclosure by BSB of notes of secret meeting between BSB and disciplinary judge until day before appeal and despite requests and application for disclosure by defence)

We have access to the most comprehensive set of Microsoft ® software for developing and fully testing our application, allowing us to provide the highest level of assurance that Legal Files legal matter management system will perform well when deployed on Windows Server operating sysLegal Files legal matter management system will perform well when deployed on Windows Server operating syslegal matter management system will perform well when deployed on Windows Server operating systems.

An error in law, on the other hand, typically involves the application of the wrong legal test.

The disputes gave rise to test cases on the application of key legal principles about the obligation to make redundancy payments at the end of customer contracts

In summary, at paragraph 47, Lord Carnwath states that the Vale tests should not be «treated as separate legal tests» as «they were complementary, common - sense approaches to the application of the Shah test to a person unable to make a decision for herself.»

Here's what we can expect in legal tech in 2017: Blockchain While Blockchain is in its infancy, as Bettina Warburg states in the Ted Talk below, the conversations and tests of its application will be a big... More 2017 Legal Tech Prediclegal tech in 2017: Blockchain While Blockchain is in its infancy, as Bettina Warburg states in the Ted Talk below, the conversations and tests of its application will be a big... More 2017 Legal Tech PredicLegal Tech Predictions

The well - established legal test for an Injunction comes from a Supreme Court of Canada case called R.J.R. MacDonald Inc. v. Canada (Attorney General), and requires that the following questions be addressed by the court charged with the task of considering the Injunction application:

Justice Belobaba's decision, while uncontroversial in its application of current legal principles, stands as an interesting commentary on future potential developments regarding the threshold to be applied in the test for leave under s. 138 of the Act.

«Both Libryo and Clause have unprecedented applications in the legal industry which can be unlocked within Dentons as a global testing ground,» said John Fernandez, global chair of Nextlaw Labs, «Libryo harmonizes legal compliance, SaaS functionality and sustainability governance in ways that allow lawyers in any sector to navigate regulatory hurdles with greater finesse; and the API and IoT integrated document automation capabilities of Clause will revolutionize the way law firms and businesses handle contractual relationships.»

These are commonly the preliminary documents I ask to check off, reserving the right to seek additional information: ● The most recent title commitment or policy and all related documents ● The most recent ALTA survey and topographic study for the property ● Copies of all blueprints and as - built drawings ● The Zoning Compliance Certificate and all zoning approvals, variances and pending applications ● Declaration of covenants, conditions, restrictions, reservations and easements ● Any third - party engineering and environmental reports, including, but not limited to Phase I and Phase II reports, mold abatement reports and underground storage tank testing and closure reports, NFR letters, appraisals, With Texas being the top state in the US for contributions to state gross domestic product and jobs created / supported by commercial real estate development, how do you recommend the legal sector should change in order to support this growth?

- 11 p.m. to 5 a.m. driving restriction (previously midnight to 5 am)- Number of passengers must not exceed number of seat belts in vehicle (no previous requirement)- Not permitted to have more than one passenger under 18 yrs in vehicle who is not an immediate family member unless accompanied by a parent or legal guardian - Mandatory 6 months for skill building before road test (previously 30 days)- Permit valid for one year (previously 120 days)- Supervising adult must be 21 or older (previously age 18)- Certification of 65 hours of behind - the - wheel skill building - Download the Certification Form (PDF)(no previous requirement)- Learner's Permit Application (Non-Commercial)- Download the Learner's Permit Application Form (PDF)- Mandatory 90 - day suspension for 6 - point or more accumulation or a single high speed conviction (26 miles per hour or more over posted speed limit, previously discretionary sanctioning)- Out of State Driving with Learner's Permit Prohibited Please be aware that teens holding a Pennsylvania Learner's Permit are not permitted to drive outside the state of Pennsylvania.

By clicking the checkbox, the Purchaser: (i) consents and agrees to the Terms and the Ether Product Purchase Agreement; (ii) represents and warrants that the Purchaser is legally permitted to purchase ETH in the Purchaser's jurisdiction and is legally permitted to receive products of Swiss origin; (iii) represents and warrants that the Purchaser is of a sufficient age to legally purchase ETH or has received permission from a legal guardian who has reviewed and agreed to these Terms; (iv) represents and warrants that the the Purchaser will take sole responsibility for any restrictions and risks associated with the purchase of ETH as set forth below; (v) represents and warrants that Purchaser is not exchanging bitcoin (BTC) for ETH for the purpose of speculative investment; (vi) represents and warrants that the Purchaser is acquiring ETH for the use of decentralized application services or the purchase of tokens specific to forthcoming decentralized applications on the Ethereum Platform, or to facilitate development, testing, deployment and operation of decentralized applications on the Ethereum Platform; and (vii) represents and warrants that the Purchaser has an understanding of the usage and intricacies of cryptographic tokens, like BTC, and blockchain - based software systems.

An ideal candidate's resume format would include job responsibilities like implementing different application through hardware and software applications for data sharing, emailing, using internet and intranet application easily; monitoring client's network system and troubleshoot problems as they pop up, provide backup and make sure of accomplishments of plans and programs in terms of mid-continent communication; preparing legal documents in relation to LAN, WAN and MAN systems; Perform regular experiments in conformity with proper test and ensuring development of product relationship with communities like customer service or OPS.

Tags for this Online Resume: multiple - line telephone, Scheduled appointments and travel arrangements, Transcribed legal documents, reports, memorandums and correspondence, Microsoft Office Suite (Word, Excel, Outlook), Electronically filed patent and trademark applications, Data entry of client information, Received and distributed mail, attended meetings and recorded minutes, Administered entrance tests and assisted recruiting personnel

Required Qualifications: * High school diploma or equivalent * Completion of Meriter Pharmacy's Pharmacist Assistant training program * 2 years of Health care experience * 1 - 2 years experience working in a fast - paced work environment * Microsoft Office applications * Internet applications * Use of phone / pager / fax / e-mail * Strong interpersonal skills * Typing skills * Communication skills - fluent in English Preferred Qualifications: * Associate's Degree OR completion of / enrollment in a Bachelor's of Science program at an accredited university * Certification as a Pharmacy Technician * Previous experience working in a pharmacy setting * Previous direct patient contact * Previous patient care experience * Previous work experience as a Pharmacy Technician * Epic Systems software operation * Basic medication facts - generic / brand drug names, formulation, indication, etc * Basic healthcare facts - disease physiology, laboratory tests * Healthcare system resources to obtain medical information * Understanding formularies, medical charts, and legal issues related to pharmacy practice * Able to work as part of a team; balancing leadership and the ability to delegate while maintaining collaborative group efforts.

The course is divided into seven units covering safe hiring: Unit 1: Introduction To Safe Hiring Program (SHP); Unit 2: Legal Considerations of Safe Hiring; Unit 3: The Application, Interview & Reference (AIR) Process; Unit 4: Basics of Employment Screening; Unit 5: Criminal Record Background Checks; Unit 6: Additional Background Screening Tools; and Unit 7: Drug Testing & Other Screening Issues.