Sentences with phrase «appropriate facts of the case»

Although in Ontario the Statute of Limitations states for a two year time period to begin a legal claim adhering to the day the case was found, communicating with a Toronto injury lawyer group legal representative in the case after - math of the event permits a complete and extensive evaluation and examination of all the appropriate facts of the case which permits the lawyer to offer the injured party solid legal advice.

Not exact matches

«While not every case will be appropriate for admissions of wrongdoing, the SEC required JPMorgan to admit the facts in the SEC's order — and acknowledge that it broke the law — because JPMorgan's egregious breakdowns in controls and governance put its millions of shareholders at risk and resulted in inaccurate public filings.»

Mrs. Lithur expressed confidence in the fact that Mrs. Osei will be vindicated at the close of investigations, urging that all persons involved, leave the case to the appropriate authorities to be dealt with.

This of course is a very rough model and it can not take appropriate account of the fact that changing support levels between elections tend to vary geographically, while it also fails to take account of the local particularities of the different regions in cases where no regional figures are produced in association with different national opinion polls meaning that there is no scope to carry out separate regional analyses based on these poll figures.

Then there is the fact that in the first case to go to the Supreme Court under the special education law, Hendrick Hudson District Board of Education v. Rowley (1982), the Court ruled that the way to ensure students» receiving an «appropriate» education was to follow proper procedures.

Investigators should examine the facts of their cases and come to appropriate judgments.

To be sure, it remains essential for students and their families to have the right to file complaints with the Office for Civil Rights if the feel they have been subject to discrimination, and for investigators to examine the facts of their cases and come to appropriate judgments.

«Consider that, in some cases, it may be appropriate to describe findings for which evidence and understanding are overwhelming as statements of fact without using uncertainty qualifiers.»

Though this may be an appropriate tool in some cases, its usefulness to the job of shedding light on what people think about complex political and scientific issues is debateable, and may in fact reveal more about Lewandowsky than sceptics.

While the facts and circumstances of Mullaney are of course different (other considerations apart, there was no complaint in Mullaney that the Standards Committee did not have relevant guidance drawn to its attention, whereas in Sanders it was common ground that the Case Tribunal was not referred to the relevant guidance on the circumstances in which disqualification, suspension and partial suspension may be appropriate following a finding of breach of the code of conduct), this does differ somewhat from the approach of Wilkie J in Sanders v Kingston.

Vice Chair Rheaume does note that the award that she sought was «below the range of similar cases which generally fall between $ 10,000 and $ 20,000» (para 110) and that her «reasons for determining that this award is appropriate are based entirely on the discrete facts of this case» (para 111).

Under Florida Statute Section 90.702, experts may offer their opinion on any subject in a case that is appropriate for expert testimony, meaning a matter in which the testimony would assist the jury in determining any fact that is relevant to the elements of a claim or defense.

If the facts of the case simply do not support the legal charges against the defendant, an experienced lawyer can bring this to the prosecutor's attention in an effective way, and make the appropriate application for dismissal of the charges.

In denying the plaintiff's request for a new trial, the 1st U.S. Circuit Court of Appeals ruled that instructions incorporating a legal analysis on the shifting burdens of proof in employment discriminbation cases established by the U.S. Supreme Court in 1973 is appropriate when a trial court judge «translate [s] it into everyday parlance and fit [s] it to the facts and circumstancews of a particular case.»

Every situation is unique and one of our attorneys would be happy to go over the facts of your case and help you determine the next appropriate steps.

Since summary judgment is only appropriate when the moving party is entitled to judgment as a matter of law, when a court is presented with conflicting or contradictory theories, summary judgment is not appropriate, and the case should be presented to a jury for resolution of the contested facts.

The fact that violence is not an appropriate means of expression was upheld by the Supreme Court of Canada in several cases.

I suspect the same thing could be done after the fact by underpaid students, and in real time by the case - report editors, if someone with the appropriate skill could do a bit of Word / WordPerfect macro-writing.

Depending on the facts of the case a personal injury lawyer may deem it appropriate to hire investigators, engineers or accident reconstruction experts.

To be successful in having bail altered, the accused must demonstrate that the initial Justice made an error in applying the law or that the facts or circumstances of the accused or of the case have changed since the initial hearing so that the initial decision may no longer be appropriate.

Although university discipline for non-academic misconduct will always be highly fact - specific, this case helps demonstrate the type of approaches that educational institutions can employ in finding the appropriate balance.

[131] After reviewing the foregoing cases and taking my findings of fact in this case into account, I find that that an award of $ 40,000 for non-pecuniary damages is appropriate.

The Court of Appeal has clarified that that case depended on its own «quite exceptional» facts — there the circumstances were such as to make it appropriate to imply a right to park, because there was no other viable parking for W, and it was possible to park without interfering with O's use of the land.

MR JUSTICE AIKENS: As a matter of construction of CPR Pt 44.3, it was clear that the judge had a general discretion on how to deal with costs if he decided that, on the facts of the case, it would not be appropriate to follow the «general rule» under Pt 44.3 (2)(a).

[43] While the cost consequences of an unreasonable failure to admit are usually confined to the costs of proving the truth of facts or the authenticity of documents, the power conferred by Rule 7 - 7 (4) to penalize a party by awarding additional costs or depriving a party of costs «as the court considers appropriate» suggests that in an appropriate case the court could go further.

First of all, without it being necessary to rule on a potential analogy between the tendering procedure relevant to the present case and the principles that are applicable in public procurement... it should be noted that the applicant's argument concerning that potential analogy is based on the fact that, at the end of the tendering procedure, no bid or no appropriate bid had been submitted.

Although on the facts of the case, the Court concluded that the part - time income received from Sobeys did not rise to a sufficient level to make it a substitute for her work at PJ — M2R Restaurant Inc., it raised the possibility that such an argument could be made in the appropriate case.

[22] Mr. Wheeler submits that the fact that the final offer was reduced significantly following discoveries should have no effect on the determination of whether double costs are appropriate in this case.

The party moving for summary judgment must show there are no genuine issues of material fact and the case is appropriate for judgment as a matter of law.

Acting on a motion for summary judgment filed by Hueston Hennigan, U.S. District Court Judge William H. Orrick held that although courts «sparingly grant summary judgment in trademark cases because they are so fact - intensive,» the evidence here tilted so heavily in favor of the defendants as to make summary judgment appropriate.

As a trained collaborative lawyer, I encourage clients to resolve matters on this basis if appropriate on the facts of an individual case.

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.

If the person bringing the negligence suit can prove all four of these elements, then they will win and the case will then move on to a damages determination where the jury will decide how much money is appropriate given the specific facts of the case.

Not only did it unduly heighten the burden to modify child custody agreements — a decision since rectified in Miles v. Miles, 393 S.C. 111, 711 S.E. 2d 880 (2011)-- but it also granted the family court unfettered discretion in deciding whether to apply Schedule A or Schedule C child support guidelines in setting child support when both parties have the child at least 110 overnights, holding that the family court has the «discretion to utilize any Worksheet [it] finds appropriate under the facts of the case» in an action to modify child support.

Our qualified attorneys are happy to give a free consult, learn the facts of your case, and take the appropriate action.

Nonetheless, in this case the court made some complex mathematical adjustments to support; this included an adjustment to account for the fact that, before the parties started their shared parenting arrangement, the mother had sole custody of the child and was legally entitled to receive appropriate child support from the father for that period.

«We believe it is more appropriate to leave fee shifting to the courts most familiar with the facts of each individual case, rather than making it mandatory,» Moore explains.

The family law lawyers at Delaney's law firm can help identify an appropriate level of support based on the unique set of facts associated with your family law case.

the trial judge is not obligated to formally balance the length and quality of service with the nature and severity of the misconduct in determining whether there was just cause to dismiss, though it may be appropriate on the facts of a particular case to engage in just such an analysis

In some circumstances, it may be appropriate to infer a resulting trust or a constructive trust, but the conclusion to be inferred in the individual case will depend on a consideration by the trier of fact of all the circumstances of the case.

While in some circumstances this is fine as the lawyer is an extremely ranked and reliable injury legal representative, the large majority of these circumstances turn out less than optimum for the victim due to the fact that the lawyer is not the appropriate option for the case.

Although this case depends on its own facts, the red - circling defence may not last forever without appropriate re-consideration of pay differentials from time to time by the employer.

An accident victim could have a damages claim for any combination of the types of damages listed below, the facts of the case determine what damages are appropriate and can be proven.

~ It is not appropriate to proceed by special case where the underlying facts of the case are disputed ~

While the Respondent argued that the decision to proceed by special case was a discretionary one to which deference was owed, the Appellants argued that the special case was not appropriate because: the questions posed in the special case rested on a hypothetical assumption that the agreements were valid; necessary facts were not included and not all the facts were agreed upon by the parties; and the parties did not sign the statement of special case as required by Rule 9 - 3 (3)(c).

A fundamental problem we face (and several other interesting points of view are articulated in comments on my original post) is that several courts have taken the position that not every act of speeding 50 km / h over the limit is in fact racing; but in all cases I'm aware of, the court has held that on the facts of that particular case, racing was the appropriate charge, but they did not articulate what the criteria should be for deciding between racing and speeding.

The taxpayers argued that it was appropriate to deal with these issues before the hearing, whereas the Crown argued that these issues could not be determined on a Rule 58 motion because, in this case, the facts arose from a plea bargain rather than a determination by a court, the agreed facts did not address the GST liability of the corporation or the other individual's income tax liability, and the facts (and tax liability) of a criminal proceeding would only prohibit the parties from alleging a lower tax liability in a civil proceeding.

Due to the fact that skills can be substituted for education, in some cases, in the field of fashion design a combination or chronological resume would both be appropriate for use by an individual interested in entering this field.

1.8 The Court appreciates that a notation about findings of fact or allegations made in a case might be useful for the Children's Contact Services to determine what level of supervision of a child and parent is appropriate.

While the facts of each case are determinative of the outcome, at least now there is better guidance or all concerned as to when alimony is appropriate, how much should be paid, when it should end, and under what conditions alimony can be terminated, suspended or modified.