Sentences with phrase «court policy considerations»

The session will also explore build - versus - buy options, court policy considerations, and insights from the panelists» previous experience in deploying tools in Colorado and in Orange and Los Angeles counties (California).

Not exact matches

The following are summaries of recent court decisions dealing with redistricting policy, including questions relating to the consideration of race in drawing district maps, the use of total population tallies in apportionment, and the constitutionality of independent redistricting commissions.

His lordship held, however, that the public policy considerations relating to adoption, and the authorities on the point — which were binding on the Court of Appeal — simply made it impossible for the court to set aside the adoption orders even if, as the parents argued, they had suffered a serious injusCourt of Appeal — simply made it impossible for the court to set aside the adoption orders even if, as the parents argued, they had suffered a serious injuscourt to set aside the adoption orders even if, as the parents argued, they had suffered a serious injustice.

At its best, this is a very thorough examination of competing policy considerations, e.g. the majority and dissent Supreme Court judgements in Harvard Mouse, the interpretation of which had only the most tenuous connection to legal issue in play (is a genetically modified organism a «composition of matter» under the Patent Act?).

For example, under the «residual policy consideration» criterion, a court should ask whether there is «potential for conflict between a duty of care in negligence and other duties owed by» the government, such as, «duties [owed] to the public at large.»

As noted by one jurist [1], to the extent that it was not clear prior, the Ontario Court of Appeal made it abundantly clear in McDougald Estate v. Gooderham [2] that the modern approach to fixing costs in estate litigation is to carefully scrutinize the litigation and, unless the court finds that some public policy consideration applies,... readCourt of Appeal made it abundantly clear in McDougald Estate v. Gooderham [2] that the modern approach to fixing costs in estate litigation is to carefully scrutinize the litigation and, unless the court finds that some public policy consideration applies,... readcourt finds that some public policy consideration applies,... read more

In yet another example of our BC courts paying no mind to the ICBC LVI policy, Mr. Justice Masuhara stated that «I have taken into consideration the principle that the level of vehicle damage does not correlate to the level of injury a plaintiff has sustained.»

Restating the test from Anns v. Merton London Borough Council, [10] the Supreme Court of Canada in Cooper stated that the analysis must focus, first, on whether the harm that occurred was the reasonably foreseeable consequence of the defendant's act and, second, whether, notwithstanding the proximity of the parties, residual policy considerations outside of the relationship between the parties existed that might negative the imposition of a duty of care.

On the second issue, the court acknowledged that although maintaining public confidence in the penal system had a role to play in the development of penal policy and that punishment was a legitimate aim of imprisonment, these were not the only important considerations.

With increasing regularity, the legal blogosphere generates these types of discussions of noteworthy pending cases, and it is not unusual for those discussions to include thoughtful recommendations about how a court should rule based on existing law and policy considerations.

This Article urges courts to reconcile Kimbrough and Gall by adding an analytical step to the sentencing process through which courts can explicitly apply policy considerations separately from, and prior to, individualized considerations.

The Second Circuit's opinion is also heavily influenced by statutory interpretation provided by, and policy considerations raised by, the SEC in its amicus brief, which the court of appeals solicited.

The result has been a lack of procedural uniformity among district courts applying policy - based variances, with most courts mingling policy and individualized considerations without specifying the role of each factor in determining sentences.

The modern approach requires the courts to carefully scrutinize the litigation and to follow the «loser pays» costs rules that apply in general civil litigation, unless public policy considerations apply.

However, the court granted summary judgment based on the court's own determination that public policy considerations prevented the defendant from being held liable in this situation.

Whether the courts should develop the common law to place a duty on employees to affirmatively acknowledge an employer's right to make unilateral changes to the terms and conditions of their employment, even where such right is granted by contract, must be determined according to the policy considerations that animate employment law.

The court could clarify the uncertainty surrounding the outer limit of an auditor's liability, and elaborate on the significant and novel public policy considerations broached by Justice Blair of the Court of Appeal or simply affirm the lower court decicourt could clarify the uncertainty surrounding the outer limit of an auditor's liability, and elaborate on the significant and novel public policy considerations broached by Justice Blair of the Court of Appeal or simply affirm the lower court deciCourt of Appeal or simply affirm the lower court decicourt decision.

It remains to be seen whether the policy considerations raised by the Federal Court judge will have any impact in other circumstances.

Fifth, as to public policy considerations and the burden of imposing a legal duty on employers under the circumstances presented, the Court commented that asbestos poses a danger to public health and cumulative exposures can cause mesothelioma.

This Court has consistently held that human rights legislation is «pre-eminent,» «fundamental,» and «quasi-constitutional,» and that it should be interpreted in a broad and purposive manner in order to advance the broad policy considerations underlying it.

In denying summary judgment to GE and granting summary judgment to Boston Edison, the Court found that: (1) while the construction work performed by GE met the definition of an improvement to real property for purposes of the statute of repose, public policy considerations necessitated an exception to the application of the statute in cases involving alleged asbestos - related disease; (2) the installation of asbestos insulation was not an abnormally dangerous activity; (3) Boston Edison did not exercise sufficient control over the work at issue to be held negligent; and (4) a premises owner, such as Boston Edison, has no duty to warn where the subcontractor has knowledge of the hazard which is equal to or greater than that of the premises owner.

Public policy considerations may factor into the court's decision.

Develop a proposed Court Filing Policy 1.0 specification and DTD or Schema to convey local court policies and conventions to electronic filing users by the end of October, 2002, for transmission to the JSD team, the National Consortium, and the Joint Technology Committee for consideration at their December, 2002 meetCourt Filing Policy 1.0 specification and DTD or Schema to convey local court policies and conventions to electronic filing users by the end of October, 2002, for transmission to the JSD team, the National Consortium, and the Joint Technology Committee for consideration at their December, 2002 meetcourt policies and conventions to electronic filing users by the end of October, 2002, for transmission to the JSD team, the National Consortium, and the Joint Technology Committee for consideration at their December, 2002 meetings.

The court clarified that «core policy» government decisions protected from suit are «decisions as to a course or principle of action that are based on public policy considerations, such as economic, social and political factors, provided they are neither irrational nor taken in bad faith.»

The court may have been influenced by the policy consideration that the election rules should be read to favour more popular participation rather than less.

The Court of Appeal went on to state that different considerations may arise where a settlor makes a settlement when he is non-UK domiciled, later acquires a UK domicile, and then makes further substantial transfers of property into the settlement — the Court made it clear that it was expressing no view on the question whether the same result as in this case should be reached in cases of that type because wider policy considerations may then be engaged.

[13] The court in deciding whether to admit such evidence will need to weigh these policy considerations against its probative value.

«In relation to the considerations that serve to distinguish a policy decision from the operational decision, I continue to think that the four considerations referred to by Madam Justice McLachlin, as the trial judge in Just, are helpful and are unaffected by the decision of the Supreme Court of Canada in that case.

After setting out the jurisdiction to make such an order and the enumerated factors that are to be considered, the court went on to consider some recent policy considerations and in particular the 2014 Supreme Court of Canada decision of Hryniak v. Mauldin in which the SCC stated that the conventional trial no longer reflects the modern reality and needs to be readjucourt went on to consider some recent policy considerations and in particular the 2014 Supreme Court of Canada decision of Hryniak v. Mauldin in which the SCC stated that the conventional trial no longer reflects the modern reality and needs to be readjuCourt of Canada decision of Hryniak v. Mauldin in which the SCC stated that the conventional trial no longer reflects the modern reality and needs to be readjusted.

Lord Hoffmann, giving the leading speech, moved away from the policy considerations which weighed with the Court of Appeal and instead sought to apply established legal principles to resolve the issues.

Are courts ignoring «get tough» policy considerations in favour of justice where fraud is suspected, asks David Sawtell

The court accepted that the unions wanted to ensure that all employers active in the Swedish labour market had to pay wages (and apply other terms and conditions) in line with those usual in Sweden, to establish fair competition on an equal basis between Swedish and foreign employers, but then said directly that none of those considerations constituted sufficient grounds of public policy, security or health, and so justification had not been established.

[29 - 30] But the court went on to decide that it could assess whether the policies infringed freedom of religion: ``... while the Policies do not establish legally binding rules of professional misconduct and therefore do not provide any penalty for non-compliance, the more important consideration is that the Policies set broad expectations of physician behaviour and are intended to have normative forcepolicies infringed freedom of religion: ``... while the Policies do not establish legally binding rules of professional misconduct and therefore do not provide any penalty for non-compliance, the more important consideration is that the Policies set broad expectations of physician behaviour and are intended to have normative forcePolicies do not establish legally binding rules of professional misconduct and therefore do not provide any penalty for non-compliance, the more important consideration is that the Policies set broad expectations of physician behaviour and are intended to have normative forcePolicies set broad expectations of physician behaviour and are intended to have normative force.»

After examining these conventional legal materials, students turn to the court's discussion of policy considerations.