Sentences with phrase «application of the rule in»

Advising and representing executors in relation to the continued application of the rule in Parker v Felgate and in the Court of Appeal on the question of whether executors are able to recover their own legal costs where the principal beneficiary is separately represented.

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.

The Trial Judge found the failure to cross-examine Mr. Lu and Mr. Calcine with respect to the alcohol detail and the marijuana detail did not warrant a «strict» application of the rule in Browne v Dunn, yet he applied the remedy for breach of the rule — assessing the credibility of the Appellant in a manner reflecting the fact counsel did not give the complainants a chance to explain the contradiction.

Recent work has included advising on issues in the nuclear industry (Hinkley Point) as well as the application of the rules in relation to particular fiscal regimes (e.g. Aggregates Levy).

Not exact matches

New listing rules for Hong Kong's stock exchange may result in some new biotech listing applications coming as early as May, says Benson Wong of PwC Hong Kong.

The most widely known application of that rule is the exclusion of evidence that law enforcement officials obtained in violation of a criminal suspect's constitutional rights.

China's top court has ruled in favor of French fashion house Christian Dior in a perfume bottle trademark case, and rapped the local trademark office for rejecting an application by the firm.

But Raynor says the three rules still apply to younger, smaller companies, if with a modicum of compassion in the application.

The Department also considered the possible impact of a 90 - day or longer delay in the application of the fiduciary standards and all conditions set forth in the Fiduciary Rule and PTEs.

As opposed to a full delay of all conditions until January 1, 2018, this final rule's application of the Impartial Conduct Standards beginning on June 9, 2017, helps ensure that retirement investors will experience gains from a higher conduct standard and minimizes the potential for an undue reduction in those gains as compared to the full protections of all the PTEs» conditions.

A longer delay in the application of the Fiduciary Rule and PTEs and those standards would deprive investors of important fiduciary protections for a longer time, resulting in larger investor losses.

«When I returned from the airport after your New Rules for Marketing & PR presentation, my communications team was already in a meeting room next door, enthusiastically discussing your presentation and thoughtfully planning for short and long term application of your strategies.

An Ontario Court of Appeal justice has warned against «summary judgment at all costs» in her dissent of a ruling on the application of the doctrine of emergency in a personal injury case.

In the context of an angel group with membership application standards consistent with those of the industry and approved by an industry group, things like a personal referral from an existing accredited investor member, automated background and identity checks, and the use of an expanded investor suitability questionnaire, might be deemed to satisfy the «reasonable steps to verify» test under Rule 506 (c).

Here's a brief refresher of the Chase 5/24 rule: If you have been approved for or been listed as an authorized user on five credit cards (personal or business) in the 24 months, you will need to wait for your oldest card application inquiry to drop off your credit report.

But for good measure, and given the risk of appeal, Justice Macintosh went on to give his reasons denying Burnaby's application and for supporting the NEB's reasoning in its Ruling No. 40 concluding (at para 80) that «under both... paramountcy and interjurisdictional immunity... Burnaby is precluded from seeking to apply its bylaws so as to impede or block any steps Trans Mountain must take in order to safely prepare and locate the Expansion Project.»

«When I returned from the airport after your New Rules of Marketing & PR presentation, my communications team was already in a meeting room next door, enthusiastically discussing your presentation and thoughtfully planning for short and long term application of your strategies.

In addition, it does not describe all of the tax consequences that may be relevant in light of a U.S. Holder's particular circumstances, including non-U.S. tax consequences, state and local tax consequences, estate tax consequences, alternative minimum tax consequences, the potential application of the Medicare contribution tax, and tax consequences applicable to U.S. Holders subject to special rules, such aIn addition, it does not describe all of the tax consequences that may be relevant in light of a U.S. Holder's particular circumstances, including non-U.S. tax consequences, state and local tax consequences, estate tax consequences, alternative minimum tax consequences, the potential application of the Medicare contribution tax, and tax consequences applicable to U.S. Holders subject to special rules, such ain light of a U.S. Holder's particular circumstances, including non-U.S. tax consequences, state and local tax consequences, estate tax consequences, alternative minimum tax consequences, the potential application of the Medicare contribution tax, and tax consequences applicable to U.S. Holders subject to special rules, such as:

changes in government reimbursement for our services and / or new payment policies (including, for example, the expiration of the moratorium limiting the full application of the 25 Percent Rule that would reduce our Medicare payments for those patients admitted to a long term acute care hospital from a referring hospital in excess of an applicable percentage admissions threshold) may result in a reduction in net operating revenues, an increase in costs, and a reduction in profitability;

He pointed to a sentence later in the same paragraph that says, «if a broadband provider degraded the delivery of a particular application (e.g., a disfavored VoIP service) or class of application (e.g., all VoIP applications), it would violate the bright - line no - throttling rule.»

«Because our no - throttling rule addresses instances in which a broadband provider targets particular content, applications, services, or non-harmful devices, it does not address a practice of slowing down an end user's connection to the Internet based on a choice made by the end user,» the FCC's Open Internet Order says.

In a similar way, trading market fragmentation caused by ill - designed rules and burdensome regulations — and the application of those rules abroad — is harming market liquidity and market safety and soundness, increasing the systemic risk that the Dodd - Frank Act was predicated on reducing.

NDP energy critic John Horgan did not rule out that scenario in a Black Press interview Wednesday, going so far as to say he met Kinder Morgan officials the previous day and anticipates their proposal could evolve ahead of a formal application later this year to the National Energy Board.

You will be required to provide accurate information about the product you're exporting — the sourcing of inputs, for example — but as long as you comply with what you said in your application, the customs services will generally respect the advance rulings they issue.

In December the Court of Appeal ruled against her application that she was discriminated against in being compelled to perform civil partnership registrations contrary to her religious beliefIn December the Court of Appeal ruled against her application that she was discriminated against in being compelled to perform civil partnership registrations contrary to her religious beliefin being compelled to perform civil partnership registrations contrary to her religious beliefs.

The parables of Jesus are almost never provided with an application in the tradition; the one we have just discussed is an exception to the rule and the esoteric explanations of the parables in the tradition make the parables allegories and are certainly not from Jesus.

In contrast to some forms of rule - teleology, I understand indirect applications to mean that the comprehensive telos justifies social practices, that is, institutions or patterns of coordination in which the participating social actions can not be described independently of constitutive norms or principles that bind actors whatever the consequences (cf. Rawls, «Two Concepts»In contrast to some forms of rule - teleology, I understand indirect applications to mean that the comprehensive telos justifies social practices, that is, institutions or patterns of coordination in which the participating social actions can not be described independently of constitutive norms or principles that bind actors whatever the consequences (cf. Rawls, «Two Concepts»in which the participating social actions can not be described independently of constitutive norms or principles that bind actors whatever the consequences (cf. Rawls, «Two Concepts»).

Our Western culture, in fact, is primarily «left hemispheric» in its application of rational thinking to almost every facet of human existence: science, economics, politics, education, religion, law (the French word for law, droit, comes from «right hand,» the hand that rules and is controlled by the left hemisphere).

One further application of the central principle is the rule that in general food should be handled by implements and not directly by hand or mouth.

It was conceded that the application of so strict a rule as celibacy to those not called to a life of asceticism but ordained to the diaconate in preparation for ministry in the church had led to widespread abuse and immorality.

Therefore again I would argue that the» he will rule over you» with Adam over Eve is not a precedent for patriarchy as some would say, but something that happened as a result of «the fall» and therefore one should look to how it was like before that and see what was «good» in order to have an appropriate application of the bible.

By these methods it is possible to understand the rules and regulations of religion and to discover their proper application in particular instances.

Besides, as David Hill gently reminds us (p. 283), in commenting on the story of Jesus and the rich young man, «Poverty is not a rule of universal application.»

To be sure, matters of Faith and Order were carefully ruled out, but every question regarding the practical application of Christianity came in for frank and free discussion.

On the contrary his application to study and his observance of the Rule were noted; and he had developed a satisfactory speaking voice, in conformity with the specific requirements of clear enunciation.

For example, in the essay's section on «defining success,» Father Neuhaus writes, «Finally, success will be if, three or thirty years from now, Afghanistan and Iraq have reasonably decent and stable governments, operating under something believably like the rule of law...» This lacks the specificity to qualify as a serious application of just war theory.

The third stage will begin in July 1996, and will see the application of the competitive conduct rules to the whole Australian economy.

For immigration visa matters, the rules of evidence don't apply in evaluating visa applications so it will still be relevant there as well.

In the NCAA's football rulebook, Rule 3.3.5 f sums up 90 percent of it pretty clearly while describing one potential instance of its application:

The western Europeans have generally been more protective of players, but I think it is safe to say at least that Italian referees allow a fair bit of leeway in the application of the rules (see any corner kick taken in Seria A where 872948 are committed regularly if the rules were strictly applied).

The committee's plan for determining which teams play in the best games has not yet been completely disclosed, but if it leads to a common - sense determination of teams based on merit, rather than an application of cryptic and unforgiving rules made solely to prevent unscrupulous bowl executives from turning every big bowl game into Notre Dame against someone vaguely local, it's a massive improvement in the process.

An application of Rule 10.1 (b), which was on the books until August 2016, would have found UNC knee deep in tar and with little chance to avoid punishment.

The basic rules of P2 are that a district collects meal applications from families once (in what is called the «base year») and then is able to collect reimbursement for all meals served for 4 years using the percentages of meals served in the base year.

Justice Gabriel Kolawole of the Federal High Court, Abuja has turned down ruling in the bail application filed by embattled former chairman of DAAR Communications, Chief Raymond Dokpesi who is currently facing trial bordering on six count charges of violation of Public Procurement laws and money laundering as slammed on him by the Federal Government.

Justice Ibrahim Buba of the court in his ruling on the defendants» preliminary objection on Monday, held that the engineers «had not made out a case of infringement on their fundamental rights even on the merit of the application,» and dismissed their applications.

Treasury questions Ten minute rule motion - Planning Applications (Community Right of Appeal) Debate - economy Adjournment debate - political situation in Israel and Palestine

The Abia State Governor, Dr. Okezie Ikpeazu, has filed a notice of appeal and application for stay of execution at the Court of Appeal in Abuja against the ruling of Justice Okon Abang of the Federal High Court.

He said when his lawyers appeared in court, Justice Torkonoo «surprisingly purported to exercise jurisdiction over the contempt application although that was not the business of the day and gave a ruling vacating the earlier order she made dismissing the said application.»

For him, this decision to vacate the earlier ruling in spite of the cases at the Supreme Court is «calculated to interfere with, prejudice and also to undermine the outcome of the two applications pending before this Honourable Court.»

Kanu and his co - accused alleged that the Judge had in the course of a ruling he delivered on an application on 26 April expressed serious prejudice against a member of the defence team.