Sentences with phrase «deference on»

His determinations are owed strong deference on appeal.

Trial judges» decisions on custody and relocation are entitled to significant deference on appeal.

«To my mind, this is a trend we're now starting to see, combined with the Sattva decision, in which greater deference is being paid to trial judges regarding how they are to interpret contracts, and contractual interpretation will be given greater deference on the basis it is now a question of mixed fact and law,» he says, referencing Sattva Capital Corp. v. Creston Moly Corp..

The key patent cases that I have to address and consider currently in the chemical, pharmaceutical and biotechnological cases (however, it should be appreciated there are several more) are the recent Alice (patent subject matter eligibility), Shaw Industries Group, Inc. (accused infringers can use AIA review procedures without undermining their case in later litigation), Merck & Cie (PTAB AIA review decisions must be reviewed with deference on appeal) and In re Cuozzo Speed Technologies, LLC, (broadest reasonable interpretation for IPR versus ordinary meaning for litigation is appropriate) decisions as well as the USPTO's ever developing guidelines as to patent subject matter eligibility and obviousness determinations.

In my view and with respect, this concept is too contradictory and naive to stand as a basis for deference on questions of law.

The question of deference on questions of procedural fairness will continue to hang over Canadian administrative law until it is argued and authoritatively resolved by the Supreme Court.

Alternative account: The Supreme Court affirmed that the Scottish Parliament is subject to judicial review, subject to such considerations, including considerations of deference on institutional and democratic grounds, as are fitting in respect of an elected legislative body.

The exception for general legal questions of substantial importance is narrow, deference on Charter interpretations has taken a bite out of the exception for constitutional questions, and jurisdictional review is withering away.

But it is also possible to ask mid-level questions about whether, given a set of assumptions or features of a legal system, deference on questions of law makes sense.

Moreover, «[a] n administrative decision maker is entitled to deference on the basis of expertise only if the question before it falls within the scope of its expertise, whether specific or institutional» (at para. 83).

Second, the sentence ultimately imposed, whether inside or outside of the guideline range, should be entitled to substantial deference on appeal as long as the district court follows correct procedures and articulates substantial reasons for the sentence.

Causation is a question of fact; so trial judges» findings on causation are owed deference on appeal.

As per counsel's interpretation of Dunsmuir v New Brunswick, 2008 SCC 9 (CanLII), Alberta (Information and Privacy Commissioner) v Alberta Teachers» Association, 2011 SCC 61 (CanLII) and Newfoundland and Labrador Nurses» Union v Newfoundland and Labrador (Treasury Board), 2011 SCC 62 (CanLII), where a tribunal is asked to determine its own jurisdiction over a matter (and interpret its home statute) these determinations are subject to deference on judicial review.

I have taken care to point out that there is nothing to fear from deference on procedural questions, in part because reasonableness review is (relatively) robust, but also because correctness will continue to be appropriate in a subset of cases, including those involving bias and agency independence.

Appeal Whether a confinement actually occurred on the facts is a question of mixed fact and law and should be «subject to deference on appeal».

But all the justices in Wright agreed the regulator, which had expertise on professional standards and on its home statute, did not have expertise on human rights law, and therefore should receive no deference on human rights issues.

While all discretionary decisions face a degree of deference from an appellate court, the added «unfettered» nature of the reconsideration power could be read to support additional deference on appeal.

As early as the seminal case of CUPE v NB Liquor, «expertise» has been used to justify deference on questions of home statute interpretation.

In Khosa, at para 25 the Court noted that the mere fact of delegation to a decision - maker justifies deference on the basis of generalized expertise.

Here, I aim to: (1) demonstrate that expertise writ large does not provide a sound justification for deference on questions of law, unless incorporated into the decision - maker's enabling statute and (2) relatedly, argue that deference is not prescribed by extralegal justifications such as expertise, but only by statutory language, which determines the leeway a court should afford to a decision - maker.

73 Absent legal error, a trial judge's s. 24 (1) ruling attracts deference on appeal.

f) The trial judge's decision to infer or not infer causation is a finding of fact and attracts deference on appeal: Benhaim at paras. 36, 42.

An administrative decision maker is entitled to deference on the basis of expertise only if the question before it falls within the scope of its expertise, whether specific or institutional» (para 83).

It will be interesting to see what the Supreme Court of Canada says about deference on questions of constitutional law in its decision, expected next year, in the Trinity Western University litigation.

New York's charter sector has «nothing to gain by coming out against [DeVos] other than to buff up their bona fides with the communities they work in,» said Michael Petrilli, the president of the Thomas B. Fordham Institute, an education think tank in Washington, D.C. Petrilli said he believes new presidents should have deference on their cabinet selections and supports DeVos» nomination, though he said he personally «hates» Trump.

(b) Although districts retain the court's deference on matters of educational Page 2 policy, parents of special education students and their attorneys may likely test the waters on applying the SCOTUS decision in the Endrew F. case.

Not exact matches

Ashley Anderson, a postdoctoral fellow in the Center for Climate Change Communication at George Mason University, stated that «When people encounter an unfamiliar issue like nanotechnology, they often rely on an existing value such as religiosity or deference to science to form a judgment.»

Campbell is the guy who helped Eric Schmidt take on the role of CEO and worked closely with the Google founders; he is referred to with deference in the Valley as «the coach.»

On the campaign trail, he emphasized his support for medical marijuana and his deference to states to pass their own laws regulations the substance.

They sure do alot of searching about link building, On my companies website I noticed that when you view visitors by country the link building page has huge deference then all other page on the sitOn my companies website I noticed that when you view visitors by country the link building page has huge deference then all other page on the siton the site.

It doesn't matter WHO you are, WHAT your religion is, WHAT your «sincere» intention was — when you put yourself on an airplane, in today's environment, with people of all nationalities, you are REQUIRED to show cognizance of and deference to the small bubble of society that ALL wish to make the trip and land safely.

Not to put too fine a point on matters, we do a tremendous disservice to the cause of justice by suggesting that those who have done the silencing have some right to expect any sort of deference when called upon to answer for their misdeeds.

Or, most recently, you might have heard the rumor from Bryan Fischer, from Mike Hucakbee or a friend on Facebook, saying that God abandoned the children at Sandy Hook because, though children have every right to pray in public schools, those schools can not sponsor prayer events out of deference to religious freedom.

My stance on abortion is based on the competing interests of personal bodily autonomy and a deference to preserving otherwise innocent life.

Deference was appropriately shown to the Native community on this matter.

Paradoxically, Methodist presence was strongest on the Board of Trust, yet this body had been so co-opted by the chancellor that its members acquiesced in his view that overt deference to the church in any effective way would be adverse to Vanderbilt's academic ambitions.

If there's perhaps one thing on which Christians and Atheists agree, it's that Islam should receive no special treatment, respect, or deference.

I've argued in a few pieces now that this is emblematic of his overall approach to governance (like here)-- a rhetorical insistence on a robust populism but a reflexive tendency to replace any deference to the prudence of common folks with the wisdom of techno - experts.

Of course, there is no excuse for rudeness, yet the more impact on public affairs religious ideas are understood to have, the more troublesome this deference becomes.

It shouldn't be surprising that apologists will defend biblical chattel slavery given they are equally willing to defend the slaughter of children and infants; completely disregarding any notion of judgment based on an exercise of free will, completely disregarding any notion of empathy for their suffering, and with complete rejection of any personal moral culpability in offering their various incarnations of a Nuremberg defense by placing their self - serving deference to perceived authority over any and all other moral considerations.

10 Certain recent discussions of environmental ethics, dealing with «respect for nature» (where nature is not necessarily limited to the realm of living things), reflect some affinities with Hall's ideas on «deference» and seem to pose a challenge to my suggestion that the pursuit of power over nature should be criticized primarily in terms of its negative effects on human values and experiences.

While most players revere Federer and regard him as a sort of benevolent despot, Djokovic, 20, goes light on the deference.

Soon he is back on the floor, practicing starts under the direction of Grady Merrell, coach of the Santa Ana Speed Club (known by rival California clubs as the Chicken Skaters in deference to Big Red's memory).

On the other match of Capital one cup Aston Villa defeats Birmingham by 1 - 0 goals, Stock City beats Full Ham and Hall City beats Swansea City by same deference.

This way of thinking about what we should do is explicitly based on reason, experience, and empathy and respect for others, rather than on tradition or deference to authority.

But Mellor also found an excessive defensiveness from NHS staff, as well as confusing differences in complaints procedures between hospitals and too much deference to senior colleagues on wards.

In the past, the Senate deferred to the president's choice of justices, as well as other federal judicial officers, but since the Nixon administration that deference has declined and appointments have been seen as more political, particularly following the Senate Judiciary Committee's hearings on the appointment of Clarence Thomas.

«In deference to our Liberal colleagues in the coalition we haven't majored on the phrase,» said Tory minister Oliver Letwin in 2014.

After Turaki pleaded not guilty to the 32 counts on Tuesday, Justice Dimgba said he was inclined to granting bail to the ex-governor «in deference» to the earlier bail granted the defendant by Justice Halilu of the FCT High Court.

When he ventured to lawmakers» districts for speeches on spending or ethics, Mr. Cuomo never failed to invite them along — an exercise not only in deference, but also in demonstrating to legislators the full force of his popularity with voters.