Sentences with phrase «context of a statutory provision»

Opinion analysis: When a statutory exclusionary rule «makes sense» SCOTUSblog, May 15, 2018 The Supreme Court's brisk opinion in Dahda v. United States awarded the government yet another exclusionary rule victory, this time in the context of a statutory provision rooted in the Omnibus Crime Control and Safe Streets Act of 1968.

Not exact matches

This series of statutory and common law provisions in the context of family proceedings raises the following questions:

«Faced with a difficult point of statutory interpretation and conflicting judicial authority, the Tribunal adopted a dictionary meaning of «expenses» and articulated what it considered to be a beneficial policy outcome rather than engage in an interpretative process taking account of the text, context and purpose of the provisions in issue.»

For instance, within the context of a motor vehicle collision, any such contractual term establishing a subrogation claim would be contradicted and overruled by the specific provisions set out in the Statutory Accident Benefit Schedule and the Insurance Act, which purport that the accident benefits provider and at - fault driver receive a deduction for LTD benefits paid, not the other way around.

(iv) In addressing the questions the court should focus very closely on the language of the statutory provision in question in the context of the statute and in the light of any statutory definition.

The Court of Appeal arrived at its decision on the PJI rate by employing a traditional textual analysis, interpreting statutory provisions in accordance with their ordinary meaning and in their full statutory context.

Justice Côté also noted that the statutory context supported this position, and in particular the legislation's reference to «legal privilege» in the provision allowing a public body to refuse to disclose privileged information — i.e., «information that is subject to any type of legal privilege, including solicitor - client privilege» (at para 52, citing FOIPP s 27).

The third case considered here also concerns a tribunal's discretion, but in the much more precise context of how it is to operate the provisions on the «uplift» of compensation in relation to the statutory procedures — are there rules, or is it a discretionary free - for - all?