Sentences with phrase «application of this doctrine»

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.

Typical of this approach are the activities of Nader's organization, Common Cause, legal aid for the poor, Chavez» organization of farm workers, the enforcing of civil rights, legislation for minority groups, and revival and application of the doctrine of just war to international conflict.

Even the questions concerning the pastoral care of divorced and civilly remarried Catholics, and of homosexual couples — both topics of heated debate at last October's Synod of Bishops — are in the end based on theological foundations, and deal with the application of doctrine.

The application of this doctrine to the formation of higher levels of order out of lower levels results in an aggregate view of the higher order.

The lecturer was forced to make an application of the doctrine of invincible ignorance!

The overall effect, it seems to me, will be neither wooden applications of doctrine to exegesis, nor a systematic neglect of the organic diversity of the Bible, but rather a theology vivified by Scripture.

The question to be asked, then, is this: Is it most theologically adequate to see the movement of theological education as a movement from source (of «revelation,» of «wisdom about God,» etc.) to personal appropriation; or as a movement from source to application of source in life (especially, perhaps, the life of church leadership); or as a movement from source, to doctrines implicit in the source, to applications of doctrines to life's problems; or as a movement from sources, to theories about the sources, to applications of those theories to life; or in some other way?

So though RFRA had near unanimous backing in 1993 and restores the Supreme Court's free exercise doctrine which was accepted from the 1963Sherbertdecision authored by Justice William Brennan untilEmployment Division v. Smithin 1990, the applications of that doctrine are now said to be «extreme religious liberty rights.»

«If we mass - produce these we can guarantee uniform application of the doctrine, we can automatically download the latest papal bull — any update necessary,» he says.

On appeal, Downey's counsel argued that the trial judge had erred in his application of the doctrine of wilful blindness.

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.

Adverse Possession, 2nd Edition, covers all aspects of the law and practice relating to adverse possession of registered and unregistered land, and sets out both the general principles and the application of the doctrine to specific types of cases.

The compelling logic of Delgamuukw on division of powers is now dismissed as leading to a number of «difficulties» (at para 133) and the startling conclusion that the doctrine of interjurisdictional immunity is not just out of fashion (we know that from cases like Canadian Western Bank v Alberta, 2007 SCC 22, although see paras 60 — 61 of that case on the application of the doctrine to the «Indian Cases»), but it has no role whatsoever to play in relation to aboriginal title lands (at para 151) and perhaps even more generally in relation to the entire head of power (see paras 140, 150).

Ian Roland and Michael Fenrick represented the Canadian Police Association before the Supreme Court of Canada in Penner v. Niagara Police Services Board, a case which raises the application of the doctrine of issue estoppel in the context of police discipline.

[115] While this confirms that one core application of the doctrine will be to circumstances in which a common interest arises out of parties» shared concerns regarding prospective litigation (discussed further below), it is now clear that the doctrine is not limited to this context.

«Use of judicial notice to prove an adjudicative fact is the most controversial application of the doctrine, as it conclusively resolves a matter in a party's favour.»

[1] Achieving these goals requires the development and application of doctrine, which is often complex in its design.

[1] These appeals concern the application of the doctrine of issue estoppel, as clarified by this Court in R. v. Mahalingan, 2008 SCC 63 (CanLII), 2008 SCC 63, [2008] 3 S.C.R. 316, in the context of a multi-issue jury trial.

In short, the court ultimately recognized the continuing application of the doctrine with only certain limited exceptions: fraud, non-innocent misrepresentations, an implied warranty of habitability for newly constructed homes, and a duty to disclose latent defects.

Redcar & Cleveland Borough Council v Bainbridge [2009] ICR 133 This appeal addressed a number of issues central to equal pay, including the lawfulness of pay protection and the application of the doctrine of res judicata.

(f) At the time of the hearing before me, the KRG was unable to muster any authority in its favour at all as to the application of the doctrine in its absolute or more modern restrictive form, other than part of a chapter of a 2009 textbook on the Civil Procedure Law written by Professor Turky.

The Supreme Court of Canada has passed up the opportunity to clarify the application of the doctrine of interjurisdictional immunity (IJI) to reserve lands following its decisions in Tsilhqot» in Nation v. British Columbia, 2014 SCC 44 and Grassy Narrows First Nation v. Ontario (Natural Resources), 2014 SCC 48 (Keewatin) in June 2014 by denying leave to appeal in the Sechelt Indian Band case.

Modern Privileges (the application of the doctrine of privileged military wills to modern combat conditions)(September 2016) Trust Quarterly Review 21

In Lafarge (British Columbia (Attorney General) v. Lafarge Canada Inc., [2007] 2 SCR 86, 2007 SCC 23) and Mangat (Law Society of British Columbia v. Mangat, [2001] 3 SCR 113, 2001 SCC 67) the court held that the applicability of certain provincial laws to regimes governed by federal legislation constituted a conflict between intended purpose of the relevant federal legislation and the provincial legislation that triggered the application of the doctrine of paramountcy.

The primary occasion when the courts have rejected a plaintiff's effort to seek application of the doctrine of strict product liability, on the ground that there is no product, has been when he or she has tried to apply the theory to defective services, rather than defective goods.

He discussed the decisions of the Supreme Court of Canada in Head v. the Queen, [1986] 2 S.C.R. 684 and R.v. Burke (2002), 164 C.C.C. (3d) 385, which both involved the application of the doctrine in the context of criminal jury trials.

One of the drivers of the development and application of doctrine in administrative law is the concept of the principles of good administration.

As a result of the application of the doctrine of federal paramountcy, the DIP charge supersedes the deemed trust.

In doing so William advises upon matters including the exercise of powers to sell or lease, the application of the doctrine of cy - près, the duties of trustees and the role of the Charity Commission.

Although Justice Hughes in fact came to a new result in case2, the FCA found this was a «fairly straightforward application of the doctrine of comity».

«[It would be] an over-technical application of the doctrine of novation so as to prevent any litigant, who had begun a claim under a CFA prior to 1 April 2013, from recovering costs in respect of a success fee, simply because a novation had occurred as a result of a change in the constitution of the firm of solicitors acting for her, or as a result of the conduct of her claim being transferred, for whatever reason, to a new firm of solicitors.»

Because the role of appellate courts in the day - to - day application of the doctrine of contributory negligence is so limited, scholars may be under the impression that it does not raise especially difficult or important points of law.

Not exact matches

You can not separate knowledge of bible doctrine from application.

For here it is a matter of the application of the ultimate fundamental attitudes and doctrines of the Gospel to the unimaginable multiplicity of situations in human life which, moreover, are involved in a perpetual historical flux and change.

Hartshorne's main importance for Christian theology is his application of modern logic to the doctrine of God.

The doctrine of internal relations has the potential for additional fruitful applications and expressions of feminist concerns.

Proposals to decentralize social welfare programs and give the states the funds necessary to conduct all sorts of customized efforts to empower the poor — crafted so that each «fits» the vast array of distinct circumstances we find in impoverished America — strike me as a sensible application of the social doctrine's principle of subsidiarity.

There's no application of Catholic social doctrine to help us think in a disciplined way about how to respond to environmental threats, or how to reform global capitalism.

His major writings have examined such serious theological topics as the doctrine of God, the doctrine of Scripture, the work of the Holy Spirit, Puritan theology, and the personal applications of Reformed theology for everyday life.

We can still say that their teachings are not a good application of Scripture to life and doctrine.

He agreed that Doe's lack of membership «does not avoid application of of the church - autonomy doctrine.»

The other books, including the later books, are essential for an accurate interpretation of Whitehead's metaphysical system, because they include applications, even doctrines that are absent from Process and Reality (49).

I do not claim that this was Whitehead's final doctrine, but I do maintain that it accords well with many of the distinctive features of «the philosophy of organism» and is better suited to further development, and to application, than is the orthodox interpretation of Whitehead's final synthesis.

The Nazi doctrine of Lebensunwertes Leben (life that is not worthy of life) had the widest possible applications, from euthanasia to the elimination of the handicapped to the mass killings at Auschwitz.

We will begin with an explanation of the latter possibility, since this is a more direct application of Whitehead's own doctrine of «objective immortality.»

And as the Christian writer advances to his doctrine of the incarnation, he goes beyond Proverbs, but still only in application of the principles contained therein.

The first thing that is needed from all pulpits is systematic exposition of scripture and systematic explanation of Christian doctrine, with the application of both to the human situation of the particular sphere of the hearers in the twentieth century.

Of the three parts of the usual sermon in the previous period — exegesis of a text, laying down of the doctrine, and application — the third almost crowded out the other twOf the three parts of the usual sermon in the previous period — exegesis of a text, laying down of the doctrine, and application — the third almost crowded out the other twof the usual sermon in the previous period — exegesis of a text, laying down of the doctrine, and application — the third almost crowded out the other twof a text, laying down of the doctrine, and application — the third almost crowded out the other twof the doctrine, and application — the third almost crowded out the other two.

Although not a law per - se, executive privilege was accepted by the Supreme Court of the United States as an application of the seperation of powers doctrine from the United States Constitution (see: United States v Nixon).

At the same time, he emphasized that any disparate impact remedies can not violate the Constitution and worried that the application of disparate impact doctrine might lead to the «pervasive injection of race» into policy decisions.