Sentences with phrase «determined at trial»

'' (26)(i) Given the position of TREB and of certain of its members, as the affidavits» files attest, the question of whether or not the proposed business plan of RS / Bell constitutes a breach of the confidentiality of the AUA and the TREB rules is one that is best determined at a trial.»

held that the availability of the common law intrusion upon seclusion tort in Newfoundland should be determined at trial;

In Wallbridge v. Brunning, the Court of Appeal held that whether a law firm can be vicariously liable for defamatory statements made by a lawyer who practices «in association» with it (as opposed to being an associate employed by the law firm or a partner of the law firm), is an issue of general importance that should be determined at a trial and not on a motion for summary judgment.

In future cases the question of the intention of the parties will be worthy of examination as an issue of fact to be determined at trial.

In Brown v. Canada, 2014 FC 831, the Court held that a summary judgment motion on the issue of whether a patent applicant was a public servant was appropriate for determination but held that whether material allegations must be willfully made to void a patent was to be determined at trial.

On my proposed disposition of these appeals, the issue whether the claim for libel in the internet version of the article is subject to the notice and limitation provisions of the Act is relevant only to the issue of discoverability, an issue I would also leave to be determined at trial.

If I am wrong on the question of probative value, then I find that the production of this information, including all that would be entailed in protecting the privacy rights of third parties, is not proportionate to the issues to be determined at trial.

Given the court's finding that minimum Code standards are incorporated by force of statute into the employment contract, the existence of an express or implied term of the employment contract requiring overtime to be paid to an FLS was a question of fact to be determined at trial.

Such determinations can not adequately be made at the Rule 21 stage without the benefit of a full facutal record because according to Grant v. Canada, [2005] O.J. No. 3796 (S.C.J.) and Haskett v. Equifax Canada Inc., [2003] O.J. No. 771 (C.A.) foreseeability is a question of fact determined at trial.

return of the 100,000 shares which Retrophin mistakenly issued to Shkreli, or compensatory damages on its third cause of action in an amount to be determined at trial, but which exceeds $ 2.9 million;

It asks the court to declare that the agreements are invalid and order R3 to pay damages in an amount to be determined at trial.

Rushing wants Disney and the other companies to stop the tracking practices, destroy any personal data that they obtained thus far, and seeks «nominal and punitive damages in an amount to be determined at trial.»

Not exact matches

The court considered there was a real issue as to whether or not there are presently any validly appointed directors of YAC and ordered the issue be determined as soon as possible at a trial to be held on 22 February in the Supreme Court.

I was nervous at first that my stomach wouldn't like the reintroduction of fermented soy after doing some time away from it (FODMAPS elimination phase), but after lengthy (read: exhausting) food trials with galactans (beans, peas, soy, etc.), I've determined miso and tempeh aren't problematic for me personally *.

Although Entergy filed a lawsuit challenging DEC's finding of «adverse» environmental impact, the decision has been upheld and the DEC is moving forward with a trial - type hearing to determine whether closed - cycle cooling must be installed at Indian Point.

His ethics trial looks headed to begin in the fall, amid a contentious election season that will determine his and his colleagues» fates at the polls.

But Cerio determined that «upon further consideration» that evidence should be allowed at trial given the probable cause for search warrants to be issued to gain access to the documents.

In the course of the trial, the prosecution tendered in a post-mortem report of the MP, Forensic DNA Report, Blood stained T - shirt of Asiedu, a knife used by Asiedu, the three iPhones of the deceased, Asiedu's pair of slippers which he left at the crime scene, his prison records, and radiology report determining his age, his medical report, all as evidence to prosecute him.

Prosecutors were right to charge Rebekah Brooks and other News of the World executives over conspiracy to hack phones as the trials have helped determine who knew about widespread malpractice at the newspaper, Sir Keir Starmer, the former director of public prosecutions, has said.

Forensic science is an important tool for investigating crime and helping to determine guilt or innocence at trial, but questions have been raised about the validity and reliability of many forensic disciplines.

«The study results elucidate the molecular mechanisms underlying disease progression in multiple sclerosis models, providing a basis for future clinical trials to determine safety and efficacy of these chemical agents in humans with demyelinating disorders,» says Patrizia Casaccia, MD, PhD, Professor of Neuroscience, Genetics and Genomic Sciences at Mount Sinai and senior author of the study.

«It remains to be determined why the United States is an outlier with respect to its clinical trials,» added Alexander Tuttle, a doctoral student in psychology at McGill, and co-first author of the paper.

«Not only do we believe that high - quality, randomized clinical trials are necessary to determine the safety of the Lariat device for off - label procedures, but our analysis raises broader issues with the FDA 510 (k) clearance protocol for medical devices,» said study senior author Jay Giri, MD, MPH, assistant professor in the Cardiovascular Medicine Division at Penn. «We believe there needs to be a method for reassessing the safety of a device that has been cleared for one use but is being frequently used for a different purpose in real - world practice.»

In a pilot study that included children at high risk for type 1 diabetes, daily high - dose oral insulin, compared with placebo, resulted in an immune response to insulin without hypoglycemia, findings that support the need for a phase 3 trial to determine whether oral insulin can prevent islet autoimmunity and diabetes in high - risk children, according to a study in the April 21 issue of JAMA, a theme issue on child health.

As the three clinical trials progressed over the course of about 8 years, so did techniques in determining desire, says Kingsberg, a reproductive biology and psychology researcher at University Hospitals Case Medical Center in Cleveland, Ohio, and consultant to Sprout Pharmaceuticals, which bought flibanserin from Boehringer Ingelheim in 2011, and was in turn purchased last week by Valeant Pharmaceuticals.

The study was «grossly underpowered» to determine whether cognition was actually better in people who took aducanumab, or a statistical fluke, notes David Knopman, a neurologist at the Mayo Clinic in Rochester, Minnesota, and another trial investigator.

The PROMISE trial was conducted at 193 centers across North America to determine whether a care strategy starting with coronary CTA, which reveals the structure of blood vessels supplying the heart, or a strategy starting with functional testing, measures such as stress testing or echocardiography that reflect how well the heart muscle is working, provided better guidance for clinical decisions regarding patients with chest pain.

After the judge dismissed the «jury» at the beginning of the trial (he actually didn't make us leave, the dismissal was for dramatic effect), he and the lawyers went through the procedures that would be undertaken in a real case to determine if evidence should be admitted for the jury to see.

In these phase 2 and phase 3 trials, thousands of people who are at risk of contracting the virus, such as health workers, will receive the vaccine to determine whether it can protect against infection.

«The team will further evaluate the long - term biocompatibility of the modified insulin system in an animal model before determining whether to move to clinical trials,» says co-author Dr. John Buse, professor of medicine at the UNC School of Medicine and director of the UNC Diabetes Care Center and the NC Translational and Clinical Sciences Institute.

«These results enable us to determine whether potential treatments will be effective against patients» symptoms by testing them first in healthy volunteers and defining the best doses based on objective physiological data before conducting costly clinical trials,» said Jeffrey Lieberman, MD, the Lawrence C. Kolb Professor and Chairman of the Department of Psychiatry at CUMC, and Principal Investigator of this study.

The CoreValve US Pivotal was a prospective, non-randomized single - arm, multicenter trial to determine the safety and efficacy of self - expanding TAVR at two - years in patients at extreme risk for surgery.

This trial is conducting a research project that dates back to 2004, when researchers at the Instituto Universitario de Automática e Informática Industrial of the UPV (Jorge Bondia) and at the Institute of Informatics and Applications of the Universitat de Girona (Josep Vehí) decided to search for solutions to one of the biggest problems for diabetes patients; determining the quantity of insulin necessary at any given time.

«This work suggests that we need to tease out the mechanisms by which COPD may increase lung cancer risk in smokers, and to conduct clinical trials to determine whether treating COPD in former and current smokers lessens that risk,» said David Christiani, Elkan Blout Professor of Environmental Genetics at Harvard Chan School and senior author of the study.

Together with their collaborators at Harvard Medical School, the TAU - TAMC team is currently conducting a randomized controlled trial to determine the long - term benefits of this multi-site stimulation on freezing of gait and related symptoms.

In a study that looked at 47 different trials and was published by the Journal of the American Medical Association (JAMA) in 2014, it was determined that mindfulness meditation may ease depression, anxiety, and pain (Goyal, et al, 2013).

To determine this, you'll need to time yourself while you perform a single trial interval at high intensity until you fatigue (do this a few days before beginning your HIIT sessions so that you have time to adequately recover, and be sure to properly stretch and warm - up before you do it).

At baseline and trial completion, participants performed a 3T MRI scan to determine hippocampal volume.

We need to look at whether, plausibly, we can determine whether these interventions are likely to be effective at improving SATs scores — the outcomes measured in this trial.

Accordingly, the NCES commissioner determined that the trial status of the achievement levels should be maintained at this time.

During the Vergara trials, Jesse Rothstein, an economics professor at UC Berkeley, testified that two years was long enough for principals and school administrators to determine whether or not to award tenure.

For instance, the allergy tests available are not terribly good at determining food allergies, and therefore instead of identifying a specific food and avoiding it, we instead recommend feeding a prescription hypoallergenic diet on a strict trial basis (feed this and nothing else), while gauging to see how your pet responds.

If the food trial shows that you dog has allergies, you can start your dog on homemade or commercial food and then add ingredients one at a time to try and determine exactly what food caused the reaction.

Pain can be tricky at times to diagnose, and some vets may decide to do a trial of anti-inflammatory drugs to determine whether it has an impact in decreasing the behavior.

Contact: If you are interested in determining whether your dog is eligible for the trial, please schedule an appointment for evaluation with one of the participating clinical services by calling the Small Animal Clinic at [phone] for either Soft Tissue Surgery, Dentistry and Oral Surgery, or Oncology.

Ultimately, this clinical trial could be groundbreaking for beloved pets with lung cancer, by looking at their own individual genetic makeup to determine the best treatment.

At this time, the best method we have for determining food allergies is by doing an elimination trial, when your pet is on a specific hypoallergenic diet for 2 - 3 months.

At which point a dipping trial should be done depends in par at on the likelihood of demodicosis being the problem.If Demodex mites are not found on a skin scraping, and they frequently are not even if they are in the skin, then response to dipping becomes the only way to determine if the cat has theAt which point a dipping trial should be done depends in par at on the likelihood of demodicosis being the problem.If Demodex mites are not found on a skin scraping, and they frequently are not even if they are in the skin, then response to dipping becomes the only way to determine if the cat has theat on the likelihood of demodicosis being the problem.If Demodex mites are not found on a skin scraping, and they frequently are not even if they are in the skin, then response to dipping becomes the only way to determine if the cat has them.

If an item is out of stock, Michaels may, in its sole discretion and at no extra cost to you, substitute another item for the out - of - stock item if Michaels, in its sole discretion, determines that the identical brand and product is available in a form that is of equal or greater value, for example, larger quantity, packaged with a trial sample, or with updated product packaging.

As I dug deeper I was struck by the sense of outrage and loss this painting aroused in so many people: The family of Lea Bondi, determined to reclaim the stolen portrait she had failed to recover in her lifetime; the Manhattan District Attorney who sent shock waves through the international art world and enraged many of New York's most prominent cultural organizations when he issued a subpoena and launched a criminal investigation following the surprise resurfacing of Portrait of Wally; the New York art dealer who tipped off a reporter about the painting during the opening of the Schiele exhibition at MoMA; the Senior Special Agent at the Department of Homeland Security who vowed not to retire until the fight was over; the art theft investigator who unearthed the post-war subterfuge and confusion that ultimately landed the painting in the hands of a young, obsessed Schiele collector; the museum official who testified before Congress that the seizure of Portrait of Wally could have a crippling effect on the ability of American museums to borrow works of art; the Assistant United States Attorney who took the case to the eve of trial; and the legendary Schiele collector who bartered for Portrait of Wally in the early 1950s and fought to the end of his life to bring it home to Vienna.