Sentences with phrase «discretion not»

However, the court no longer has a general discretion not to refer matters to the tribunal for mediation.

If this amendment is to give the Minister any discretion not to issue an invitation to apply for recognition to the incumbent representative body, the exercise of that discretion should be equivalent to, and require the same procedure as, the discretion to withdraw recognition;

Removal of Federal Court's general discretion not to refer matters to tribunal for mediation, court must order there be no mediation by the tribunal in certain circumstances.

Even if the Federal Court of Appeal decision is upheld, there are still «gatekeeper» protections for the transportation agency, since it has the statutory discretion not to investigate a complaint, notes Promislow.

Cumulatively those cases represented a meaningful body of decisions in which the Board exercised its discretion not to hear applications where the alleged reprisal was related to the filing of a workplace harassment complaint.

Specifically, there is no reason to question the exercise of the trial judge's discretion not to admit the proposed evidence about which the appellant complains.

The section gives the court a safety - valve discretion not to deny the claim where it considers that dismissing the claim would work «substantial injustice».

To allege that deference is undermined by exercises of discretion not to apply issue estoppel is to make a category error.

When the Court of Appeal disturbs a motion judge's exercise of discretion not to set aside a Registrar's dismissal order, it undermines the scheme of active case management of sluggish cases for which Rule 48 provides.

If any of these exceptions are established, the court has discretion not to order the return of the child.

The police may intentionally be exercising discretion not to press charges because it seems unjust to do so, or the perpetrator had some justification, or otherwise deserves a second chance.

A prosecutor can decide as a matter of prosecutorial discretion not to press charges in stale cases even if the prosecutor has the legal authority to do so.

This discretionary power is rather large and gives the Commission the possibility to dismiss complaints, irrespective of their merits (e.g. cf. A. Sánchez Graells, «T - 119 / 09: GC backs broad Commission discretion not to pursue antitrust cases in absence of «Community interest»», European Law Blog 18 September 2012).

On the subsidiary question of whether or not he should exercise his discretion not to set aside, impliedly conferred on the court by s 339 (2) and considered at paras 26 — 28, the judge held that such discretion as he had should only be used in circumstances which are «extremely rare», and Haines's case, in his view, was not within that category.

Given the language used by the Court of the Appeal, it is clear that prosecutorial discretion not being subject to review by the courts remains the norm.

Accused went to cottage of JC with whom she previously cohabited — Accused found JC with victim, another lady, in sauna — Angry words were exchanged between accused and JC — Victim testified that accused pushed her following verbal exchange, as a result victim lost balance and ended up against stove, thereby sustaining serious burns to body — Trial judge accepted victim's evidence that there was some kind of pushing — Accused convicted on one count of assault causing bodily harm, and sentenced to two - year term of probation and $ 1,000.00 fine, accused was also ordered to provide DNA sample pursuant to s. 487.04 of Criminal Code — Accused appealed against order to provide DNA sample — Appeal allowed — Order was issued to destroy DNA sample that was taken — Trial judge erred in failing to exercise discretion not to order DNA sample — Accused was first time offender, in circumstances that resulted in serious injuries, but with no intention of causing those injuries — Accused had otherwise been exemplary citizen, and likelihood of re-offending was remote.

Mr Fernley - Jones was recently advised that the ABC have exercised their discretion not to investigate any of his submissions.

Emirates Skywards reserves the right in its sole discretion not to link a Member's Account or to credit a Member's Account under this clause 15.4 or to cancel Miles already credited to a Member's Account under a Tipping Offer, where Emirates has reason to believe that the identity of the Member does not match the identity of the transferor or where there has been any fraudulent activity connected with the transfer or conversion in relation to the Member's Account.

We reserve the right, at our sole discretion not to extend margin on any security for any reason, or to change margin requirements at any time without notice to you.

If your debt is an overpayment of Housing Benefit, contact your local council, which has a similar kind of discretion not to recover the debt.

Not only does the license state «you may only distribute the Work through Apple», but «Apple may determine for any reason and in its sole discretion not to select your Work for distribution.»

He called for a bill making it «crystal clear» no school districts should be forced to use the Common Core State Standards for math and English language arts, which they already have the discretion not to do.

As I stated in a letter to the editor a few years ago and as repeated elsewhere, denials of certiorari convey no decision upon the merits of the case; the high court is merely exercising its discretion not to affirm,...

Not exact matches

They can return money to backers at their own discretion, but Kickstarter can't compel them.

The consensus here tends to be that an extended service plan isn't worth the money if a person has an emergency fund, so this becomes a matter of personal discretion.

And what counts as legal can not always just be looked up, in part because so much depends on prosecutorial discretion.

It is not inconsistent — in fact, it is wholly reasonable — to say that some people (people guilty of multiple child murders for example) absolutely «deserve to die,» but at the same time to say that the state shouldn't be trusted with the discretion to hand out that sentence.

Convicted felon Martin Shkreli, not exactly known for his discretion or restraint, could find himself in jail (even sooner than currently scheduled) thanks to bizarre comments he made on social media offering $ 5,000 to anyone who brings him snippets of Hillary Clinton's hair during her upcoming book tour.

So while there are certainly arguments to be made in favor of a rules - based Fed over the pure discretion of the current PhD standard, such reform should not be viewed as a solution to the real issue, which is a central bank having a monopoly on money at all.

Kaleal and Lucas both agree that sundresses can be office appropriate — provided they are worn with discretion, and don't violate those «three Bs» of summer code.

The Stock Repurchase Program does not obligate us to acquire any particular amount of common stock, and the Stock Repurchase Program may be suspended or discontinued at any time at our discretion.

Further, the minister of industry has discretion to decide who's state - owned and who's not.

NBCUniversal may, in its sole discretion, terminate your password, account (or any part thereof) or use of the online services, or remove and discard any User Content or information stored, sent, or received via the online services without prior notice and for any reason or no reason, including, but not limited to: (i) permitting another person or entity to use your identification to access the Site or online services, (ii) any unauthorized access or use of the online services, (iii) any violation of these Terms of Service, or (iv) tampering with or alteration of any of the software, data files, and / or Content contained in or accessed through, the online services.

NBCUniversal, pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act (the «Act»), reserves the right, but not the obligation, to terminate your license to use the online services if it determines in its sole and absolute discretion that you are involved in infringing activity, including alleged acts of first - time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing.

«The courts have broad discretion in these matters, and that discretion can go in your favor or not.»

But when others don't enjoy the same discretion and freedom you show that standards are applied very differently.

Sessions» order gives prosecutor discretion in focusing their enforcement efforts — some may not ramp up efforts against marijuana, but others have said there's no guarantee they'll maintain a hands - off approach.

And if you get confused, remember you don't use «discretion» to work through sensitive issues; you exercise discretion.

An ESOP does not allow for discretion in who gets how much ownership.

And if you get confused, remember you don't use discreetion to work through sensitive issues; you exercise discretion.

Even if the lovebirds don't share a department, discretion is key.

«China is a peace - loving country and deals with foreign relations with discretion, but it won't flinch if the U.S. and its small clique keep encroaching on its interests on its doorstep,» the editorial continued.

«Treasury Board will not have any discretion to use the funds for any other purpose, as this would be an unauthorized use of public funds,» Farees Nathoo wrote in an email.

Plus, with individuals working in different departments, there are more levels of discretion that can be controlled, since you'll likely not share the same office friends and won't see each other so much throughout the day.

The plan administrator has discretion, however, to establish written conditions and procedures for the transfer of awards to other persons or entities, provided that such transfers comply with applicable federal and state securities laws and are not made for value, other than nominal value or certain transfers to family members.

If you do not submit voting instructions and your broker does not have discretion to vote your shares on a matter, your shares will not be voted on that matter at the meeting («broker nonvotes»).

If you are a beneficial owner of shares held in street name and do not provide the organization that holds your shares with specific voting instructions then, under applicable rules, the organization that holds your shares may generally vote your shares in their discretion on «routine» matters but can not vote on «non-routine» matters.

When shares of Capital Stock are to be issued upon the exercise, grant or vesting of an Incentive Award, Google shall have the authority to withhold a number of such shares having a Fair Market Value at the date of the applicable taxable event determined by the Committee to be sufficient to satisfy the minimum federal, state and local withholding tax requirements, if any, attributable to such exercise, grant or vesting but not greater than the minimum withholding obligations, as determined by Google in its sole discretion.

Your broker, therefore, may vote your shares in its discretion on these routine matters if you do not instruct your broker how to vote on these matters.

Distributions are not guaranteed and may be suspended, modified or terminated at the discretion of the board of directors.