Sentences with phrase «case meets the threshold»

From that perspective it provides a helpful analysis of what the Court will consider when determining whether a case meets the threshold for obtaining leave for a summary conviction appeal.

Justice Corbett did not find the plaintiff in that case met the threshold, as some injuries which cause permanent pain are not compensable,

Not exact matches

In a federal trademark infringement case, for instance, a plaintiff seeking a quick injunction would encounter at the threshold the high hurdle of showing «irreparable harm» — a standard that won't be met if money damages will provide the plaintiff with adequate recompense for any damages incurred — and it might also have to post an expensive bond (a major hurdle for a nonprofit).

There is a possibility that occasionally the matching system can not identify high quality compatible matches or meet the minimum matching threshold required in our system for any given individual for either identifiable reasons or not, or for not completing the Verification Process, in which case we will not be able to provide the Services on this Site to the User and could even cause the Account to be terminated at the sole discretion of TrulyMadly.

More than 50,000 referrals to CAMHS were rejected last year with many cases not meeting the clinical threshold.

These royalties, typically within the one dollar to nine dollar range, had not been paid (in some cases, for years) because they didn't meet the minimum threshold for payment; it's important to note that a lot of other retailers have to maintain a similar payment structure in order to keep their business operations sane.

Finally, some credit unions have a bit of a complicated application process for becoming a member, including threshold criteria you have to meet, but it's a very worthwhile exercise and once you're a member, in most cases, even if you move out of the area or change employers, you can remain a member at your credit union for life.

A regulated exchange must establish position limits on security futures that are no greater than 13,500 (100 share) contracts, unless the underlying security meets certain volume and shares outstanding thresholds, in which case the limit may be increased to 22,500 (100 share) contracts.

This is because you must meet one of two requirements to file a Chapter 7 case: (1) you must be below the median income for your state or (2) your disposable income must not exceed certain thresholds.

Assuming you can meet the spend threshold (in this case, $ 3k over 3 months), you've just earned 180,000 by spending $ 12,000 on your cards.

These cards aren't useless, in case you want to front - load your spend in order to meet a minimum spending requirement or bonus spend threshold, but they can't be liquidated as easily or cheaply;

In this alternative case, only two states meet the 50 % threshold without efficiency, while 12 states meet the threshold with efficiency.

He concluded that Fastcase failed to establish that the case met the amount - in - controversy threshold for diversity jurisdiction of $ 75,000.

«7 The «high threshold» required to depart from binding precedent was not met in this case because it was «not evidence of changing legislative and social facts or some other fundamental change.

In the Appellant's case threshold reliability requirements were met and the judge's decision, absent an error in principle, is entitled to deference (at para. 47).

Thus, in the appropriate case if the threshold of relevance is met, a hard drive may require production.

Applying these principles in the present case, the Court of Appeal found that the appellant met the evidentiary threshold on the basis of the offer being a «rare and exceptional event».

As a result, parents with shared custody of their children must be able to access and understand the case law interpreting section 9 in order to have any hope of gauging the amount of support they may be obliged to pay or entitled to receive, and indeed whether they meet the 40 % threshold for shared custody at all.

If not, then an escalation of the penalties will likely lead to more press releases by the MOL as cases that may, previously, have attracted a fine below the thresholds attract penalties that meet or exceed them.

As one London Borough reports, team managers are now frustrated with cases that meet the threshold for starting proceedings but are delayed in getting in court as assessments are required by the PLO.

This high threshold was not met in this case.

[29] I am mindful of the Supreme Court's admonition «to apply the framework contextually and flexibly for cases currently in the system,» but nonetheless find that the case is clearly over the presumptive threshold for cases in the Provincial Court and the Crown has not met its burden to establish the presence of exceptional circumstances... [more]

She was also a mom and her part time didn't always meet the 120 hour threshold over the course of those five years, though she wasn't doing anything else and so they said that she didn't meet the standards and denied her ability to waive into the Minnesota bar without having to take the bar exam and she's petitioning that to the state supreme court right now under a couple of different theories because the case also involved maternity leave and whether a gap in that counting, all sorts of interesting stuff.

There is no doubt that random testing policies can infringe upon human rights and raise privacy issues, but the evidence put forward in these cases suggests that, if the threshold tests for safety and risk in a workplace discussed above are met, appropriate policy design may alleviate most concerns arising from those areas.

Often times, personal injury lawyers will speak about an injury case «meeting threshold».

If the judge determines that your claim does not meet threshold, you are deemed to have no right to sue and your case will be dismissed.

In those cases, employers should be prepared to defend their position with evidence that sexualized dress codes can be legitimately linked to job requirements — which is clearly a high threshold to meet.

The court then vacated the dismissals and remanded the case to Superior Court where the plaintiff would be granted leave to amend his complaint should he believe his claims meet the newfound threshold.

For the purpose of committal, there is a distinction between cases involving frail identification, as in Mezzo, supra, and cases where, on the whole of the evidence, the identification does not meet the threshold requirement of a positive identification.

It is interesting in that particular case that the Plaintiff decided to call three physicians and give evidence himself, as opposed to calling evidence of treatment providers and others that could corroborate the change in function but ultimately, the Court concluded that the Plaintiff himself by giving evidence can corroborate the change of function and therefore corroborate the evidence of the medical doctors who were called to support the Plaintiff's injuries and that those injuries met the threshold.

Claims for general damages in automobile cases are subject to a statutory threshold test.1 If a person injured in a motor vehicle accident meets the threshold test, a statutory deductible applies.

Those categories are available to Ontario injury victims in many cases even if they do not meet the threshold — many people do not know that.

My adjuster says that my Ontario car accident injuries case does not meet the threshold, do I still get a settlement?

The representative has to demonstrate that the case meets the criteria allowing the class action to be launched but the threshold for that requirement is not high.

«No fault» means a system designed to limit lawsuits by allowing motorists to sue for severe injuries and / or pain and suffering only if their case meets certain conditions, called thresholds.

No - fault laws are designed to reduce lawsuits (although in most cases, people can still sue if their losses are severe or meet a certain dollar threshold).

In the case that the accident was caused by an uninsured motorist, your right to sue is also reinstated, whether or not your condition met any of the thresholds above.

If you file a petition for modification and the court determines that the threshold has not been met, your case will be dismissed.