Sentences with phrase «discretion by»

Choose language carefully, leaving no room for interpretation or discretion by those whose interests may differ from your own.»

«Furthermore, in light of the evidence in the record that the father harmed the children by disobeying court orders and using religion to alienate them from the mother, we conclude that the court did not abuse its discretion by prohibiting the father from discussing religion with the children.»

Hence, as the majority suggest, the trial court did not abuse its discretion by concluding that a formal award of custody to the relocating parent was in the child's «best interest.»

[58] The learned chambers judge held that the process followed by the District Manager offended the rules of procedural fairness in four respects: he fettered his discretion by applying government policy... -LSB-.]

The Law Society of British Columbia 2015 BCSC 2326 («TWU - LSBC «-RRB-, The Hon. Chief Justice Hinkson found that the Law Society of British Columbia Benchers incorrectly fettered their discretion by binding themselves to a «fixed blanket policy set by LSBC members in the form of a non-binding vote (at para 120).

As the decision states: «Officers should not fetter their discretion by treating them as if they were mandatory requirements that limit the equitable humanitarian and compassionate discretion anticipated by [the Immigration and Refugee Protection Act].»

Following the introductory section to the U.S. Code's chapter on judicial review of administrative agency decisions (5 U.S.C. Section 701), the amici state that judicial review ought to be presumptively available absent (1) a statute precluding judicial review, or (2) the FDIC's action being committed to its discretion by law.

Appellant argues that the trial court abused its discretion by taking «judicial notice» of a medical dictionary as a «learned treatise.»

However, it is important to note that these are high prestige appointments, well funded and operating within a criminal justice system that has high volumes of guilty pleas and low levels of sentencing discretion by the judiciary.

I had decided on absolute discretion by the time I got back to Toronto.

However, he would not have limited the arbitrator's discretion by insisting upon a temporal limit to the employment restrictions.

After thorough review, we are constrained to conclude that even under the most recent Supreme Court precedent, affording substantial deference to the district court's sentencing determinations, the district court abused its discretion by imposing a probationary sentence on the defendant in this case.

The court confirmed that s. 58 of the Administrative Tribunals Act applied to the HPRB, such that a court would not interfere with findings of fact or law, or an exercise of discretion by the HPRB, unless patently unreasonable, e.g., where discretion is exercised arbitrarily or in bad faith, for an improper purpose, based on entirely or predominantly irrelevant factors, or fails to account for statutory requirements.

Thus, the trial court had not abused its discretion by finding that Augmentation's failure to pay for Harris» medical treatment was willful and contumacious.

Still, the trial court abused discretion by allowing it because its probative value was substantially outweighed by its potential to confuse jurors and result in unfair prejudice.

Trial court abused its discretion by concluding that newly discovered evidence of close relationship between prosecution witness and gang prostitute failed to show that jury would have reached a different verdict.

We reserve the right to change the terms at our discretion by changing them on the Website.

Wife argues that the family court abused its discretion by failing to award her compensatory attorney's fees and expenses for her efforts to enforce the terms of the Final Decree.

«We need not decide whether the district court abused its discretion by admitting this evidence because any error — if indeed there was one at all — was harmless,» Judge Norman Stahl wrote for the panel.

In that circumstance the deterrent function of the costs rule would be nullified if I exercise my discretion by awarding costs to the plaintiff throughout as he submits I should.

Justice Rosalie Abella, for the majority in a 5 - 2 decision, held that in rigidly adhering to this triumvirate of adjectives, immigration officers fettered their discretion by treating them as mandatory requirements limiting the equitable humanitarian and compassionate discretion in s. 25 of the Immigration and Refugee Protection Act.

Having said that, however, political partisan criticism of them as being soft on crime, the erosion of their discretion by government legislation, and shockingly an attack on Chief Justice Beverley McLachlin by the prime minister and Minister Peter MacKay, perhaps all undermine the system they are sworn to protect.

The court of appeals also concluded the trial judge did not abuse his discretion by failing to rule on the motion because Father's failed to retain an expert to interpret the records he sought to obtain.

«The majority opinion reflects the persistent disregard in a number of judgments that this Court has issued of the clear and unequivocal directions of the Supreme Court of Canada that emphasize the importance of individualized sentencing and limit appellate intervention in the exercise of sentencing discretion by trial judges.

In his appeal of the suspension, Gleason asserted violations of both his first and fifth amendment rights, as well as an abuse of discretion by the bankruptcy court for the sixty - day suspension.

Even though in NS the MS was discharging an obligation under international law, because this had been harmonized by the Regulation, then the exercise of discretion by the MS was in the scope of EU Law.

The mother appealed this decision, arguing that the lower court had abused its discretion by modifying the legal custody order, which as a result changed the physical custody order, and challenging whether the court abused its discretion by reducing the father's support payments.

The Court of Appeals recognized the potential for prejudice with allowing this evidence but ultimately decided that given his confession and the State's «sturdy» case the trial court did not abuse its discretion by admitting the evidence.

Father argues that the trial court abused its discretion by both refusing to treat substantial and continuing «gifts» — financial contributions from Mother's family — as gross income, and by refusing to consider the parties» education levels when determining earning capacity.

On November 21, 2014 the Kentucky Court of Appeals decided a child support issue where it found the Boyd Circuit Court had abused its discretion by requiring a parent to divide the transportation cost of a child to and from extracurricular activities in addition to child support.

718 et seq. of the Criminal Code, R.S.C. 1985, c. C ‑ 46, and although the objectives set out in those sections guide the courts and are clearly defined, it nonetheless involves, by definition, the exercise of a broad discretion by the courts in balancing all the relevant factors in order to meet the objectives being pursued in sentencing.

«No one is questioning whether this judge is abusing his discretion by playing philosopher - king.

The Virginia Court of Appeals found there was no abuse of discretion by the trial judge in denying husband's request for a continuance or denying his motion to reopen the case.

As the Bill stands there will be many more areas for exercise of discretion by C - MEC and the decision - making process is likely to be under frequent challenge: circumstances for value judgment by civil servants are rife.

Discretionary orders of prothonotaries ought not be disturbed on appeal to a judge unless: a) the questions raised in the motion are vital to the final issue of the case, or b) the orders are clearly wrong, in the sense that the exercise of discretion by the prothonotary was based upon a wrong principle or upon a misapprehension of the facts.

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There is some discretion by businesses to delay late payment reporting.

The Soul of Discretion by Susan Hill Chief Inspector Simon Serrailler is poised to take on the most formidable task of his career: the infiltration of a pedophile ring in his hometown of Lafferton, England.

Logan, who has been sharply critical of the de Blasio administration in recent months, also accused the city of partially stripping principals» discretion by «changing suspension rules and telling principals, «you can't do this,» «you can't do that.»

7) Reasonable funding levels based on the needs of particular student enrollments and other factors outside of district control, but also discretion by local district taxpayers to augment the funding of their schools.

Why would an SD want to in any way compromise the discretion by paying out of his pocket for that

This was an overreach of authority and discretion by the speaker,» Wright said.

«We received a clear legal opinion from Tim Owen QC and Julian Knowles, the barristers at Matrix Chambers specialising in human rights and extradition law, that the scope for the exercise of discretion by the home secretary is greater than you believe,» Keith Vaz, chairman of the committee, wrote.

The government did concede two additional reviews: a general review at ministerial discretion by the time of the election and the twice - yearly reviews proposed by Labour.

Observing the law is doesn't mean an AG does nothing, observing and ENFORCING the law is an an active exercise of discretion by the AG.

The lawsuit filed last month alleges that the USDA violated the Administrative Procedure Act because the repeated delays under the current administration were issued without any public process and abused USDA's discretion by proposing action to indefinitely delay or kill the rule.

By completing an approved Arizona defensive driving class you have the opportunity to redact some of your driving discretions by attending an approved Maricopa County AZ defensive driving course.

Not exact matches

You are elected by shareholders to exercise your business judgment and discretion.

Downward discretion is met by threats to leave, which is also a myth.

Managers at these firms had «more discretion over corporate cash policies,» and therefore reserves were more susceptible to expropriation by insiders.