Sentences with phrase «court accepted the submissions»

The court accepted the submissions of Heiltsuk and Kitasoo Xai'Xais that where the Crown must balance multiple interests, a safeguard requiring that Canada set out how Aboriginal concerns impact decision - making is important.

The court accepted the submissions of Shtaif and Roberts that the trial judge erred in finding liability against them for the IPO - related Statements, for several reasons.

Not exact matches

The High Court unanimously allowed the appeals, concluding that the «decision in Barbaro does not apply to civil penalty proceedings and a court is not precluded from receiving and, if appropriate, accepting an agreed or other civil penalty submission.&rCourt unanimously allowed the appeals, concluding that the «decision in Barbaro does not apply to civil penalty proceedings and a court is not precluded from receiving and, if appropriate, accepting an agreed or other civil penalty submission.&rcourt is not precluded from receiving and, if appropriate, accepting an agreed or other civil penalty submission.»

The Court initially ruled that Zamin could make those submissions to the Court in a hearing in camera from which ENRC's counsel would be excluded, but subsequently accepted that this could infringe ENRC's Article 6 rights.

Notwithstanding the fact that the other plaintiffs had acknowledged that they were jointly and severally liable for anything for which the Joint Venture might be liable, the court did not accept the defendant's submission that the Joint Venture itself ought to be removed as being unnecessary with Justice Griffin stating:

The court did not accept this submission and stated the court's jurisdiction in relation to parental responsibility is not seised by the filing of a statement of arrangements.

Indeed, in accepting the joint submission, the court noted that there were Charter issues and that the guilt of Stave Lake Quarries was not a certainty.

After this searching and careful review of ID as espoused by its proponents, as elaborated upon in submissions to the Court, and as scrutinized over a six week trial, we find that ID is not science and can not be adjudged a valid, accepted scientific theory as it has failed to publish in peer - reviewed journals, engage in research and testing, and gain acceptance in the scientific community.

Critically, Coulson J accepted Woods» submission that EU law (Article 47 of the EU Charter of Fundamental Rights, the general Treaty principle of effectiveness and the Remedies Directive) required that the Court must order a remedy that «ensured substantial compliance with» EU procurement law (§ 4).

In effect, she accepted the submission of the local authority, recorded at paragraph 34 above, that the decision in relation to whether the child should be placed in the care of the grandmother was not a question for the court.

Both the appeal panel and the Administrative Court (Dobbs J) in Eisai accepted NICE's submissions that it was not the role of consultees to «quality assure» NICE's work: it was for NICE as the decision - maker to obtain and ensure the quality of the material upon which it relied.

The U.S. Copyright Office is accepting submissions from the public until 16 January 2012 on remedies for copyright infringement suits in small claims courts.

He then referred to articles by Dr F.A. Mann (whose own expertise and reputation in the area were considerable) and Dr E.J. Cohn and pointed out that, from the 19th Century, civil law countries had accepted that a waiver of sovereign immunity by a contract was effective, that the speeches in Duff were obiter and did not constitute a majority and that both Duff and Kahan overlooked the fact that submission in the face of the court was not the only form of valid submission since the introduction of a new Rule in the RSC in 1920 that the English court had jurisdiction to entertain an action where there was a contractual submission.

The vast majority of defence counsel will recommend it to a client because a joint submission would certainly be accepted by the court as falling «within the range» that would then insulate the disposition from hostile appellate intervention.

As such, the Court of Appeal accepted the City's submission the Application Judge had erred in characterizing the By - Law — specifically finding that the concepts of purpose and motive were confused in the analysis: ``... the motives of individual Council members (or even the Council as a whole) do not of itself establish the pith and substance of the By - Law».

Contrary to the submission of the Appellant, the Court of Appeal found the Trial Judge was entitled to accept witness evidence (including from those not trained as veterinarians); it was ``... unreasonable to suggest that a device that is designed to deliver a meaningful shock to an animal many times larger than the dogs in question would not cause unnecessary pain or suffering...» (See para. 16).

Despite a lengthy criminal record that included long periods of jail time and offences committed while on probation, Court accepts defence submission that a fine is the appropriate sentence — NO JAIL TIME

In short both parties plead guilty to the offence and joint submissions (ie a plea bargain) were made which the Court accepted.

«We do not accept this submission,» a three - judge appeal court panel ruled in Ricciuto v. Somers.

The court considered whether the interpretation exception offended the principle underlying the Rule, namely to encourage parties to speak freely and to promote settlement, and accepted TMT's submissions that: «if a party to negotiations knows that, in the event of a dispute about what a settlement contract means, objective facts which emerge during negotiations will be admitted in order to assist the court to interpret the agreement in accordance with the parties» true intentions, settlement is likely to be encouraged not discouraged».

The only submission of the Respondent that the court accepted in consideration of damages was that the Applicant had failed to prove any loss arising from the inability to secure the loan, and had failed to mitigate any loss he may have occurred.

Carteri says her submission was based on existing Canadian law on the issue of whether courts should accept or decline jurisdiction.

The Court of Appeal accepted UBS's submission that the proper approach to the construction of clauses agreeing jurisdiction is to construe them widely and generously, and that in the usual case the words «arising out of» or «in connection with» apply to claims arising from pre-inception matters such as misrepresentation.

One could take the position that national constitutional courts, especially the Federal Constitutional Court, have finally become reasonable and accept their EU obligation to make a submission.

While a more substantial presence, along the lines discussed in the cases, would have added weight to the motion judge's determination, the Court of Appeal does not accept the appellants» submission that the factors taken into account by the trial judge in finding jurisdiction simpliciter were insufficient.