These measures — often referred to as «mitigating measures» — can be contrasted with «compensating measures»,
as the Court did in Briels (paras. 28 - 30 of that judgment).
While s. 17 of the Act preserves the applicability of the local rules of court except where inconsistent, it is circular reasoning, as the court in Cegir noted, to use that section to interpret s. 9 —
as the court did in Ritter.
To suggest,
as the court did, that the excess could be laid off elsewhere is equally unworldly.
Equating bloggers with the press
as the Court did here could also represent a divergence in the Canadian approach to libel.
This progress should not lead to complacency,
as courts do not always rule in favor of injured workers.
statement of net worth, but
as the Court did not consider Ms. Questel's lottery winnings proceeds as income, the parties» incomes had remained unchanged for the purposes of an analysis of who was the monied spouse.
This case is also worth a quick read for anyone advancing a claim for loss of earning capacity (future wage loss)
as the court does a good job summarizing some of the leading legal precedents in this area at paragraphs 151 - 155 of the judgment.
This is usually a high - bar to achieve as the courts don't want to interfere in the parent - child relationship unless there is no other choice.
Not exact matches
After Verizon beat the FCC in
court in 2014, then - FCC chair Tom Wheeler turned to Title II of the 1934 Communications Act to achieve his goal of mandating net neutrality (the
court had said that, without broadband providers being classified
as common carriers, the FCC
did not have the authority to force them to maintain an open internet).
To resolve that issue, the
court had to determine whether (1) virtual currency may be regulated by the CFTC
as a commodity and (2) the CEA permits the CFTC to exercise jurisdiction over fraud in connection with commodities that
do not directly involve futures or derivative contracts.
Saying this could qualify
as «willful» disregard of the law, lawyer Robert Barnes wrote for the site LawNewz, and a
court would take that into account when assessing the newspaper's right to
do so.
What we in the West definitely don't know is the current location of Bo or Wang, what repercussions will be felt by Bo's powerful allies in politics, business and the military (the Financial Times reported May 14 that Bo's mentor and standing committee member Zhou Yongkang had been relieved of his duties
as head of China's police,
courts and spy apparatus), and who is going to lead China for the next 10 years, let alone what their policy leanings may be.
As the tenants went away, so
did the retailers; many of the other restaurants in that food
court didn't make it.
If a leader can not listen to contrary opinions and make informed decisions based on a full range of views, then he / she
courts disaster —
as Rumsfeld
did in Iraq.
The former employer sued, but the
court ruled that the information
did not count
as protected trade secrets because the company didn't take reasonable security measures to protect the information.
The broadcasters told the
court that Aereo's «competitors pay for the rights to retransmit «live TV» to the public —
as they must to avoid liability for copyright infringement — while Aereo
does not.»
Pay
as much attention to your existing clients» organizational charts
as you
did when you
courted them
as prospects.
The
court ruled in favor of Verizon, saying that the FCC
did not have the authority to enforce its previous order, unless it reclassified Internet Service Providers (ISPs)
as common carriers, essentially public utilities.
Investors aren't looking for Canadian
courts to sentence white - collar criminals
as severely
as U.S.
courts do, according to Michael Watson, director of enforcement at the Ontario Securities Commission.
Verizon, for example, told a federal
court in 2013 that it believed in a no - blocking rule, so long
as it could charge any online service whatever amount it wanted to get to Verizon's subscribers — and be able to cut off websites that didn't pay up.
When I stopped by the Horseshoe, he was buying drinks for everyone who showed up — friend, acquaintance or media — urging people to try out a bike or enjoy a complimentary taco and then settling in the back of the club when the music started: a couple of little - known local indie bands played, and Broken Social Scene member Brendan Canning — dressed
as if he'd just arrived from Wimbledon's centre
court —
did a DJ set.
The U.S. Supreme
Court may present a favorable ruling for legalized betting
as soon
as this month, though the
Court does not announce the order of the case decisions that it will release.
A 1992 Supreme
Court ruling decreed that online vendors can sell goods without collecting sales tax,
as long
as they don't have a physical location in a given state.
In January, a federal appeals
court ruled that because ISPs are not regulated
as utilities, equal access regulations could not apply to these providers,
as they
do with telecommunications carriers under the Communications Act of 1934.
There's no telling how effective this attitude was, seeing
as the players» many off the
court and practice antics
did nothing to derail their gold medal hopes.
What began
as an attempt to win in the
courts what they couldn't get from Congress ended with the FBI acquiring an exploit from a «third party» — reportedly from Cellebrite, from one of the growing cadre of professional hackers who
do this kind of thing for money.
He called on Clinton to release her own list of potential Supreme
Court nominees,
as he
did this week, and said her list and his would be «day and night» in terms of views on gun rights.
The oft - praised report commissioned by the Enron board and even reports commissioned by the government and bankruptcy
courts, such
as the recent Financial Crisis Inquiry Report or the Valukas report on Lehman, describe lapses of oversight but
do not contain clear, pointed characterizations or condemnations of the sort the Olympus report provides.
«There is no good cause for further judicial involvement where the
court has now heard directly from Redstone that he has lost trust in Herzer,
does not want her in his life and instead wants his daughter Shari to look after him
as necessary,» the judge wrote in an opinion this morning.
Based on the emails in the
court records, Schmidt came across
as hyper - vigilant in making sure Google recruiters followed such «
do not call» rules.
Though the privacy settings on Facebook can hide posts, this doesn't mean they can't be used
as evidence in
court.
Home chairman Tony Howarth said the
court ruling was «an unexpected setback but we don't see this
as a deal breaker at all».
We also don't provide the government with direct or «back - door» access to data — they have to submit a request and they must have legal process (such
as a subpoena,
court order or search warrant) to
do it.
If it crosses the line,
as it likely
did with wrestler Hulk Hogan, the
courts should deal with it.
«We are eager for this situation to be resolved in the
courts and will continue to
do everything in our power to assist the authorities to get to the bottom of these issues
as rapidly
as possible,» it said in a statement Friday.
Extremely wealthy people — enabled by a series of key Supreme
Court decisions
as recently
as yesterday — want to be able to spend gargantuan amounts of money in the political process and remain essentially private persons who don't get knocked around or criticized like everyone else in the political arena.
The larger issue for Uber is that this could give credence to Waymo's argument that members of the jury be notified that Uber destroyed or
did not disclose relevant evidence
as the company was required to by the
court.
And while there is no legal requirement that underwriters like Mr. Thiel reveal their involvement to the opposing side or the jury, it is considered fair game for lawyers to ask questions about financial backing — something that Gawker Media
did on Wednesday in
court as part of its efforts to overturn the Hogan judgment.
The State Attorney's Office, which has not been served any lawsuit, declined to comment,
as did BSO and the
courts.
In an emailed statement, James Fitz - Morris, a spokesman for Indigenous and Northern Affairs Canada, said Canada is committed to righting historical wrongs committed against Indigenous people and that the federal government is working to resolve the matter out of
court,
as it
did with the Sixties Scoop survivors» class action.
When she asked Mr. Davidson what she should
do if her story leaked, he responded in an email, «IF YOU DENY YOU ARE SAFE,» and urged her to sign
as soon
as possible, according to the
court documents.
The
Court found that the language of the bonus plan, requiring «active employment»
as a condition to receive a payout,
did not violate the Employment Standards Act.
As many
courts have noted, disclosure is not a «rite of confession» and a company
does not have a general obligation to tell investors whether some (or all) of its gains are ill - gotten.
As NHL Commissioner Gary Bettman leads the NHL into its latest war of revenge against Jerry Moyes for trying to recoup his losses by attempting to sell the Phoenix Coyotes to the outlaw buyer, Jim Balsillie, it is well to remember that his triumph in the
courts over the now three time loser didn't change one ugly fact: the Phoenix Coyotes still lose huge sums of money every year.
As my PaidContent colleague Jeff John Roberts reported last month, Harris» attempt to have this
court order struck down failed for a somewhat unusual reason: namely, the judge hearing the case decided that Harris
did not have any legal interest in the tweets he sent, because such rights only apply to things a user actually owns — and users
do not own their tweets for the purposes of the U.S. Constitution.
«The IRS offers no explanation
as to how the IRS can legitimately use most of these millions of records on hundreds of thousands of users; instead, it claims that
as long
as it has submitted a declaration from an IRS agent that the IRS «is conducting an investigation to determine the identity and correct federal income tax liabilities of United States persons who conducted transactions in a virtual currency during 2013 - 2015» the
Court must find that the Summons
does not involve an abuse of process.
According to the
court, Humphrey explained how his firm was hired to
do background checks on partners, suppliers, or employees
as part of its overall business.
While the Dutch
court may be making gradual steps toward crypto being recognized
as a currency, other organizations
do not recognize it
as such.
Unless we are prohibited from
doing so by any applicable law, regulation,
court order or instruction or guidance of a competent regulatory authority or agency, in terminating your account we may
do any of the following at our sole discretion: A. transfer the funds back to the source; or B. convert your account balance to Bitcoins at our then - prevailing rate, subject to applicable fees and
as soon
as practicable give you 48 hours» notice that we intend to deactivate your account, requesting that you provide us with an alternative bitcoin wallet address to which we can transfer your bitcoin within that period (the «Redemption Period»);
This government has consistently touted the Investor
Court System in CETA
as a progressive alternative to ISDS, but both academics and civl society activists have noted that it
does little to address the problems with ISDS.