Sentences with phrase «court considered»

This past summer, the Federal Court considered whether Imperial Tobacco could register as a trademark «the colour orange» on its packaging, under the Trade - marks Act.

In a recent case called Regnier v. Regnier, the court considered a narrow issue: whether a wife's decision during the marriage to go back to school automatically meant that the husband suffered financial disadvantage, for which he should be compensated by way of spousal support....

The court considered that the two named inventors both had decades of experience in the design and manufacture of heat tracing cables, while one of the applicants was a career salesman and the other was a mechanical engineer who had never designed a heat tracing cable.

The court considered two types of copyrighted words in the decision — the computer code and data used by Nintendo as part of its TPMs (header data) and the video games that Nintendo had developed for its video game consoles (Nintendo games).

This deception is a factor which the Supreme Court considered relevant to the first inquiry under 24 (2) analysis, given the «need for a court to dissociate itself from such behaviour» (para. 26).

In this case, the judge of the Divisional Court considered the appropriateness of the confidentiality undertaking and that the integrity of counsel providing the undertaking had not been attacked.

The court considered numerous foreign precedents, including two Supreme Court of Canada judgments, R. v. Béland [1987] 2 S.C.R. 398 [admissibility of polygraph evidence] and Horvath v.

The court considered the balance between the competing interests of the family and the creditors.

Secondly, the Court considered the GC's finding that the omission of a clause excluding the application of the Liberalisation Agreement to the territory of Western Sahara amounted to an implicit acceptance of its applicability to that territory by the Council and the Commission.

The report attributed the rise to a de facto moratorium on executions for four months in 2008 while the Supreme Court considered a case involving lethal injections.

The Court considered however that these errors were not sufficient to affect the validity of the General Court's judgment as it established, taking account of the specific circumstances, that the activity of constructing a new runway could not be dissociated from the operation of the airport infrastructure, which constitutes an economic activity.

The Court considered article 34 TFEU infringed in two distinct ways.

In Pereda v Madrid Movilidad SA: C - 277 / 08, the court considered the case of a specialist driver, Vicente Pereda, who had to take six weeks off his job in Madrid as the result of an accident.

The court considered Nacchio's petition at its conference on Sept. 29 and issued an order denying it on Oct. 5, according to the court's docket.

After finding that the International Commercial Arbitration Act, 2017, applies the Court considered:

The court considered the newly expanded provisions of s. 16 of the Limitations Act.

The Court considered legislation in other provinces, such as British Columbia and Manitoba, who have specifically created a tort of invasion of privacy through privacy statutes.

The court considered the fact that an independent witness noted that there were no other defects present in the area, that the plaintiff's description of her stubbing her toe on «something» was consistent with her theory that it was the divot, and that the divot's location was in the immediate area of where the plaintiff fell.

In two conjoined cases, (Essop and Naeem) the Supreme Court considered whether a claimant in an indirect discrimination claim has to prove the reason why a PCP puts (or would put) an affected group at a particular disadvantage, and whether the reason has to relate to the protected characteristic.

Indeed, there's nothing in either set of reasons that suggests the Court considered that rule, even if the judges did in their discussions.

After applying the confusion criteria under Canadian law the Court considered factors such as the existence of other users of SCREAMING EAGLE clothing in the market but found «For all HARLEY - DAVIDSON riders and customers SCREAMIN» EAGLE is only associated with HARLEY - DAVIDSON and no other brand».

The court considered its powers to make orders restricting reporting in order to protect children of defendants facing criminal proceedings (in this case child pornography charges).

Thus the Court considered that the project was not subject to article 4 of that directive, but the Greek authorities had to comply with the Inter-Environment Wallonie doctrine: the Greek authorities «had to refrain from taking any measures liable seriously to compromise the attainment of the result prescribed by Article 4 of that directive.»

Conversely in Goldacre the court considered whether the whole quarter's rent which fell due during the period of administration should be paid as an administration expense where the administrator vacated the premises during the period covered by that quarterly payment.

The Supreme Court considered whether the grant of the order breached Art 8 of the European Charter.

Yesterday, the Supreme Court considered the constitutionality of the Partial Birth Abortion Ban Act of 2003, according to this article, Supreme Court Justices Have Pointed Abortion Discourse (AP 11/8/06).

Although the court considered these arguments they ultimately rejected them, distinguishing between an isolated employment decision for personal reasons that may exist because of a person's gender, as opposed to a decision based on gender itself, as the former is based on personal feelings to a specific individual.

The court considered that where the order was based on the needs of the deceased, the death in itself could be a Barder event.

I concluded that this description probably did not mean anything substantial, and was little more than an indication that the Court considered the statute or right in question as very important.

In R1 International Pte Ltd v. Lonstroff AG SGHC 69, the High Court considered whether the courts could issue permanent anti-suit injunctions in...

Instead, the majority bends over backward to guess at whether the court considered Simmons» argument.

Additionally, the court considered the plaintiff's own complaint, which referred to the commission as a «municipal commission.»

The court considered whether a pile of dirt could be removed by order of the council if it fit the definition under the Act.

The court considered whether this meant that the plaintiff is entitled to recover $ 25 (plus attorneys» fees) whenever a violation of c. 93A has been shown irrespective of causation being shown, or if the $ 25 comes into play when damages are shown but they amount to less than $ 25.

The Supreme Court considered that as the petitioners were allowed to rely on material not before the decision - maker, it would seem artificial, and even unfair not to allow the respondents to refine the «legitimate aims» previously advanced by reference to new material.

Moreover, the Divisional Court considered the claim to be brought out of time, and in the circumstances the considerable delay was not justified.

The Bankruptcy Court considered whether Arizona courts would extend that holding to joint tenancy property.

The Administrative Court considered an application made against the European Commission on the ground of breach of the principle of loyal cooperation.

However, that decision was based largely on what the court considered best for the children at the time, rather than a decision based on their immigration status in the Cayman Islands.

In Lord the Administrative Court considered the legality of the Serious Fraud Office's (SFO) decision denying the attendance of a specific firm of solicitors to a compulsory s. 2 Criminal Justice Act 1987 interview.

The Court considered the composition, tenure, and powers of the Saskatchewan Workers» Compensation Board before holding that the decision - maker was expert on the matter before it.

The family court considered the 13 enumerated factors in the statute prior to awarding Wife $ 600 per month in spousal maintenance for 120 months.

In addition to the arguments of counsel, the court considered the law in other jurisdictions, weighing the arguments on both sides.

The Supreme Court considered whether the English Court, as an enforcing court of a Nigerian arbitral award, was entitled to require a party resisting enforcement to provide security for the money payable under the award as a condition of being entitled to advance a good arguable defence that enforcement should be refused on grounds of English public policy, e.g. because the award was procured by fraud.

The Queen (on the Application of Newby Foods) v. Food Standards Agency (No. 7)[2014] EWHC 1340 (Admin) The Administrative Court considered an application made against the European Commission on the ground of breach of the principle of loyal cooperation.

In determining the $ 200 per month payment amount, the court considered testimony regarding husband's total income, including his disability benefits, to conclude he had $ 3,400 in income after paying the court ordered $ 500 per month spousal maintenance payment.

In a recent case before the Alberta Court of Queen's Bench, the court considered how far an employer should be permitted to go in imposing restrictive clauses to an employee who was already working for the employer.

The telephone was one of the first communication devices that the Court considered when determining privacy expectations.

In Jang v. Boston Scientific Corp., [15] the court considered whether it had appellate jurisdiction over a patent license dispute.

This Court considered the same plea from the company in the decision of Chevalier v Active Tire.