Sentences with phrase «appropriate claim decisions»

Not exact matches

What I should claim, however, is that in a manner appropriate to the particular level and in a fashion suitable for the particular occasion, however «large» or «small», there is such «decision» as entails a «cutting off» of this or that possibility for actualization and an «acceptance» of this or that other possibility.

So whether they crash by claiming downtime or squeezing downtime into school work, they are doing what is developmentally appropriate, which amounts to having to make decisions about their retracted time rather than managing it.

«While it would not be appropriate to comment on the specific claims, the government is confident that the decisions on HS2 have been taken lawfully and fairly and it is vigorously defending these legal challenges,» a spokesperson said.

For the claims found to be in noncompliance with the National Environmental Policy Act, the BLM is currently reviewing the court's decision to determine the appropriate next steps,» the office said in an emailed statement.

So, the Ontario Superior Court has added to the decisions confirming that class action proceedings are appropriate — even preferable — for claims arising from mass terminations, even if the common issues trial won't dispose of all the issues and some of the class members have already started or finished proceedings in other forums, particularly with the Ministry of Labour and the Labour Relations Board, which preclude class claims.

The Rasoul decision shows that the onus on investigating the bone fides of a claim rests not simply upon the defendant to attempt to winkle out the fraud, but — in appropriate circumstances — upon the claimant solicitor's too.

«TCC claims 2.1 The following are examples of the types of claim which it may be appropriate to bring as TCC claims --(a) building or other construction disputes, including claims for the enforcement of the decisions of adjudicators under the Housing Grants, Construction and Regeneration Act 1996; (b) engineering disputes; (c) claims by and against engineers, architects, surveyors, accountants and other specialised advisers relating to the services they provide; (d) claims by and against local authorities relating to their statutory duties concerning the development of land or the construction of buildings; (e) claims relating to the design, supply and installation of computers, computer software and related network systems; (f) claims relating to the quality of goods sold or hired, and work done, materials supplied or services rendered; (g) claims between landlord and tenant for breach of a repairing covenant; (h) claims between neighbours, owners and occupiers of land in trespass, nuisance etc; (i) claims relating to the environment (for example, pollution cases); (j) claims arising out of fires; (k) claims involving taking of accounts where these are complicated; and (l) challenges to decisions of arbitrators in construction and engineering disputes including applications for permission to appeal and appeals.»

In reaching her decision, Master James held that the appropriate procedure which should have been used in pursuing these claims, should have been through the ABTA mediation scheme which covers non-personal injury claims of up to # 25,000 per booking.

On the second issue, TCHC argued that Boyce was attempting to appeal the claims adjudicator's decision to the human rights tribunal rather than following the appropriate WSIB channels.

While this is certainly not a new legal development (you can click here to access my archived posts addressing this topic) reasons for judgement were released this week by the BC Supreme Court, Vancouver Registry, confirming yet again that a verbal agreement can create a binding injury claim settlement and that refusing to sign the appropriate closing documents does not create an escape route for a litigant that regrets their decision.

The Ontario Court of Appeal recently released its decision in Goldhar v. Haaretz.com on the issue of whether Ontario was the appropriate jurisdiction to litigate a defamation claim relating to an online publication by an Israeli newspaper that purported to defame Mr. Goldhar, who lives in Toronto but has business connections in Israel.

The Court of Appeal applied language from its earlier decision of Markel Insurance Co. of Canada v. ING Insurance Co. of Canada and held that by November 1, 2007, the plaintiff had a «fully ripened claim» and that was the «appropriate» time to commence litigation.

Sales J's decision also discusses the appropriate test of causation for a personal claim in unjust enrichment.

After canvassing the leading substantive - consolidation standards and cases, Judge Jernigan determined that consolidation is appropriate under any test; her decision turned on a litany of facts and factors, including that (i) the company's «nerve center» is its Texas headquarters and all payroll for employees is effectuated from there, (ii) the company's centralized cash - management system and three bank accounts, (iii) all debtor entities were controlled by common officers and directors, (iv) the existence of substantial intercompany claims, (v) credible testimony demonstrated that preparing individual schedules was extraordinarily difficult and required numerous amendments, (vi) a substantial amount of creditors treated the debtors as a single unit, and (vii) that credible counsel had determined that the primary assets of many debtors — D&O litigation claims — are jointly owned by the debtors.

The decision when to offer independent counsel can also depend on the account given by the witness, and it may be appropriate to stop an interview if the witness gives an account that indicates that the company has a civil claim against them.

The Court divided, however, both on the question of the appropriate standard of review of the Privacy Commissioner's decision and on the question of whether s 56 (3) of FOIPP did in fact permit the Privacy Commissioner to review documents to assess the legitimacy of a public body's claim of solicitor - client privilege.

The data helps corporate users select appropriate outside counsel; law firm users pitch new clients and matters; and all users make informed decisions about where to file (or whether to seek transfer), pleadings, discovery and dispositive motions, claim construction, expert testimony and trial.

I navigate these various decisions and guidelines by working in collaboration with my clients as to various ways to claim their respective inventions (e.g., claiming non-natural claim elements where needed to illustrate patentably eligible subject matter, or alternatively looking for appropriate arguments that meet the USPTO's guidelines), proper development of a patent specification that can be used for prosecution and litigation purposes (e.g., good actual, prophetic and comparative examples to illustrate the novelty and nonobviousness of the invention while still maintaining a broad claim scope of protection for future enforcement), and continual review of the client's patent landscape (via competitive and white space analyses and updates) to look for additional IP opportunities.

This increase in diminution claims can be contrasted with the dearth of case law providing guidance on the appropriate principles that should be applied to them; this writer's research uncovered one Court of Appeal authority from 1974, one Scottish appellate decision, one district judge - level judgment on Lawtel and a handful of brief reports on county court - level cases on current law.

First, the decision is the latest in a series of recent examples where the «appropriate means» branch of the discoverability test in section 5 (1)(a)(iv) of the Limitations Act, 2002, was employed to delay the discoverability of a claim.

If we continue to refuse your claim, you may refer this decision to one of our trained Internal Dispute Resolution Officers, who have appropriate experience, knowledge and authority in relation to complaints handling.

Whether commencing a native title claim process, negotiating an Indigenous Land Use Agreement or establishing a Prescribed Body Corporate, we need appropriate frameworks for participation, decision - making and conflict management to prevent behaviours that result in lateral violence.

Whether commencing a native title claim process, negotiating an ILUA or establishing a PBC, we need appropriate frameworks for participation, decision - making and conflict management in order to prevent behaviours that result in lateral violence.