Sentences with phrase «based on absence»

No stay of arbitration based on absence of license (RPL § 442 - d).

One can imagine challenges based on the absence of the necessary justification, transparency and intelligibility in the decision - making processes, mounted by those who feel they have been wrongly listed.

[35] In R. v. Brooks, [1996] O.J. No. 1737 (S.C.J.), Chadwick J. quashed a committal to stand trial based on the absence of evidence of identification.

Later won summary judgment on claims sounding in negligent hiring, supervision, retention, and breach of fiduciary duty based on the absence of knowledge of a propensity to abuse by the leadership of the parish and the diocese before the time of the abuse.

Similar to Shabbir, this decision was based on the absence of supporting medical documentation and analysis.

Plainly, the CLP's conclusion was based on the absence of a contract between the parties.

Quebec civil procedure distinguishes between «declinatory exceptions», which are preliminary motions to stay or dismiss based on absence of personal or subject - matter jurisdiction (compétence)[Quebec Code of Civil Procedure, arts. 163 - 164] and «exceptions to dismiss» (moyens de non-recevabilité), which are motions to stay or dismiss on other grounds: (i) res judicata or lis pendens, (ii) lack of legal capacity to sue or be sued, (iii) plaintiff's lack of standing, and (iv) no reasonable cause of action [C.C.P., arts. 165 - 167].

Mr. Chodos charged $ 1,000 an hour for his time but had to sue ex-client for quantum meruit recovery based on the absence of a retainer and had a jury award him $ 7.8 million, his lodestar of 1,800 hour for the divorce work plus a multiplier of five — meaning the jury increased his hourly rate to $ 5,000.

In these recent publications, Easterbrook has presented his former position on global warming as largely based on the absence of scientific consensus at the time.

I also assume that the NIPCC was intended for professionals, based on the absence of elementary material for the layman.

Agreed, but if it isn't CO2 [based on this absence of a temperature corrolation] then we would be wise to assume the above solar irradiance, solar UV irradiance, cosmic ray flux, Milankovitch cycles etc as being the most likely culprit.

Can you please clarify why beer (derived from wheat) is OK and tequila (derived from agave) also appears to be OK (based on its absence from «avoid» lists), and rum (light and dark?)

Use common sense, and don't judge food based on absence claims.

Therein lies the issue of an argument based on the absence of evidence — as imperfect observers, people are like King Midas, in reverse.

Nofed — it's a fallacy (spelling correction, sorry...) to believe that the zero concept must, by definition, be based on absence of God.

God already knew there was false idols and more would come based on absence of God.

The Court commented that adverse action taken by the CSC based on absences due to disability or family responsibilities attracting CHRA protection could constitute discrimination.

Not exact matches

In addition to lower dealer inventories we've experienced tighter bid - ask spreads (which, interestingly, is a sign of the absence of dealers operating on a principal basis) as well as sharp declines in turnover.

But in the absence of information, kids will draw their own conclusions based on what they overhear or see you do.

A competitor's strengths and weaknesses are usually based on the presence and absence of key assets and skills needed to compete in the market.

As for health care, there's evidence that the employer - based system and the absence of stripped - down «entrepreneurs» plans» deter people from striking out on their own.

Walter Kemmsies, managing director, economist and chief strategist at JLL Ports Airports and Global Infrastructure, notes that that many of the job losses that are popularly blamed on NAFTA would likely have taken place even in the absence of NAFTA, in part because of growing competition from China - based manufacturers, many of which have taken advantage of currency manipulation by the Chinese government that has rendered China - made products more price - competitive in the U.S. Likewise, Mauro Guillen, head of Wharton's Lauder Institute, agrees that without NAFTA, many American jobs that were lost over this period would probably have gone to China or elsewhere.

In the absence of observable market prices, we value our investments using valuation methodologies applied on a consistent basis.

This conclusion was based on indefensible economic logic and the absence of the IMF's debt sustainability analysis intentionally biased the negotiations.

Shares that are properly voted by the Internet or telephone or for which proxy cards are properly executed and returned will be voted at the Annual Meeting in accordance with the directions given or, in the absence of directions, will be voted in accordance with the Board's recommendations as follows: «FOR» the election of each of the nominees to the Board named herein; «FOR» the ratification of the appointment of our independent auditors; «FOR» approval, on an advisory basis, of our executive compensation as described in this Proxy Statement; and «AGAINST» the shareholder proposal.

In the absence of this analysis, the IRS assumes that the entire gross proceeds reported on a 1099 - K are taxable, so it is crucial to analyze and report the cost basis and sales price properly.

Shares that are properly voted via the Internet, mobile device, or by telephone or for which proxy cards are properly executed and returned will be voted at the Annual Meeting in accordance with the directions given or, in the absence of directions, will be voted in accordance with the Board's recommendations as follows: «FOR» the election of each of the nominees to the Board named herein; «FOR» the ratification of the appointment of our independent auditors; «FOR» approval, on an advisory basis, of our executive compensation as described in this Proxy Statement; and «AGAINST» each of the shareholder proposals.

Since Atheism is the absence of religion & isn't based on faith this ban only applies to religious groups & churches.

They saw nothing but emptiness and absence, in other words, and on that basis at least one of them believed, although neither of them understood.

I would accept the notion that most persons in our culture, Christian and non-Christian alike, function in their daily lives, perhaps unconsciously, on the basis of the assumed absence of God in history.

As one commentator pointed out, many atheists base their beliefs on the absence of proof.

One form of discrimination conspicuous by its absence is a concern for prejudice on the basis of religion.

When he attempted to create a general psychology of personality, based on his findings from studying neurotic patients, he did not see that health is much more than the absence of gross pathology.

Considering the absence of any mention of the primordial nature of God in Process 40, it is quite obvious that both Christian and Kraus interpret that passage from a conceptual framework based on the interpretation of other passages, namely, those in Process and Reality where the concept of God in two natures is developed.

Nor is the matter to be settled on the basis of the presence or absence of compromise.

In a society based on kinship, especially under circumstances of severe inter-tribal rivalry for the means of subsistence, one finds high ideals of just conduct within the group combined with the absence of the sense of moral obligation beyond the group.

In the absence of any possible alternative action, many may have moved behind Falwell on the basis of agreement with only one of his issues.

Where his argumentation is based on God's everlastingness, which however — in the absence of the reversal of poles as an argument — remains ill - founded, my argumentation is based on the reversal of God's poles, which is well - founded in Whitehead's metaphysics.

At this point we will look at the arguments based on (1) the empty tomb; (2) the absence of appearance narratives in Mark; (3) the testimony of Paul; and (4) the evidence of the oral traditions.

You may notice the absence of a biscuit base in my pictures, and that's because I had some left over shortcrust pastry so I baked it blind then put the cheesecake mixture on top.

His absence should allow our forward players much more space going forward, and with Yaya Toure and Fernando likely to operate at the base of the midfield, we should be able to get them on the backfoot when countering.

He deserves to come off the bench and potentially inject something different, and he deserves to start when the team is rotated, but based on how he's performed this season and the rhythm the team has achieved in his absence, he's earned nothing more than that.

Moore's presence should help the interior of the line by reducing the number of snaps everyone has to play, the absence of Hicks should compel (defensive coordinator) Manny Diaz to play a base dime defense, and Fera's listing of questionable suggests Texas won't take the chance on him suffering a setback with his groin injury.

I THINK BASING ON CURRENT FORM HE»S MORE OF A BENCH PLAYER CURRENTLY BECAUSE WE PERFORM BETTER IN HIS ABSENCE (ASTON VILLA / GALATASARAY)

Third base coach and former managerial candidate Pete Mackanin will take over the Phillies on an interim basis in Sandberg's absence.

Despite the absence of a sanction, which can only be imposed on the basis of clear evidence, the Disciplinary Committee would like to restate FIFA's unequivocal, zero - tolerance stance against all forms of discrimination, as enshrined in the FIFA Statutes.

Looking for evidence, assessing it, (or its absence), and making a rational decision based on that evidence.

Another useful feature that some monitors have is the ability to turn audio on and off based on the presence and absence of sound in that room.

Do they get your full attention on a regular basis, or are you working a lot and often just not there, so they have pretty much come to expect your absence?

The absence of an association may result from the fact that most cesarean incisions are low transverse, and the uterine scar type often can be inferred based on the indication for the prior cesarean delivery.