Sentences with phrase «discretion on»

Otherwise, if this commitment is not in writing, the builder, being entitled to exercise its discretion on whether to credit the buyer with the rebate amount on final closing, can withhold it and force the new buyer to apply to CRA directly after closing.

The facts are as the trial court judge determines because he or she is the ultimate decider of fact and has the utmost discretion on which party in the «he said / she said» battle is more credible.

Judges have little discretion on child support unless the parties agree.

«Blockchain was clearly one of the technological capabilities that Congress meant for agencies to look at, and what they were trying to do was create dollars with some flexibility to them so that agencies would have their own discretion on what they invest in.»

It reports that Apple Stores are now able to use discretion on the battery health qualification, meaning those with an iPhone 6, iPhone 6 Plus, iPhone 6s, iPhone 6s Plus, or iPhone SE may well be able to simply walk in, pay the $ 29 fee, and have their battery swapped out for a new one without first needing to pass the diagnostics.

The driver's license office has the full discretion on any application for another probationary driving privilege.

In many traffic offenses, the officer must make a subjective judgment, which is why police officers have so much discretion on whether to write a ticket or not.

In the past, the law had provisions that allowed judges more discretion on the frequency in which a driver could go to traffic school.

[21] The enumeration of orders that may be made at a case planning conference is exhaustive but Rule 5 - 3 (1)(k) confers a broad discretion on the case planning judge to make orders respecting expert witnesses and Rule 5 - 3 (1)(v) confers a broad discretion to make any order that advances the objectives of the Rules.

On the appeal, the Court of Appeal concluded it did have jurisdiction to grant a freezing order over the assets of the locally domiciled companies, although it declined to exercise that discretion on the facts before it.

Rix LJ cited with approval a passage in De Smith's Judicial Review (6th edition, 2007, at paras 10 - 065ff) and headed: Policy and Bias, which noted that decision - makers are entitled «to exhibit certain kinds of bias in the exercise of their judgment or discretion on matters of public policy» and while ordinary members of legislative bodies are «entitled, and sometimes expected, to show political bias» they of course ought not to show personal bias or participate in decisions on a matter in which they have a private pecuniary or proprietary interest.

In exercising its discretion on the withdrawal request, the court should consider the following non-exhaustive list of factors:

The BC experience raise the obvious problem that it's the police — not the legislature — which is making criminal law policy (as opposed to exercising their discretion on a case - by - case basis).

«The sentencing principles allow for there to be lots of discretion on the part of the judge to determine what the appropriate sentence is.

This ambiguity conferred a wide discretion on member states as to how they implemented the legislative objectives.

Some commenters argued that imposing such «uninformed» discretion on covered entities would delay or thwart legitimate investigations, and would result in withholding information that might exculpate an individual or might be necessary to present a defendant's case.

On appeal, the hospital successfully argued that no injunction should have been issued because the hospital governing body's discretion on decisions related to the appointment and reappointment of the medical staff is broad and the hospital is immune from such suits based on the legislative grant of immunity in section 395.0191, Florida Statutes (2009).

The legislature must have intended that the court exercise its discretion on reasonable grounds.

It is well established that the Sixth Directive confers a wide discretion on the minister as to how he should implement Art 10.

He thinks the courts need to be able to exercise stronger discretion on a case - by - case basis when it comes to cost awards.

With respect to the Ministry's exercise of discretion, the Divisional Court noted its agreement with the IPC's analysis, holding that the Ministry had exercised its discretion on the basis of an improper consideration, namely the absence of consent from certain interviewees.

That a judge has a broad discretion on applications brought under s. 37 is evident from the language used in that provision.

That said, insurers should be prudent with expenses that are directly within their discretion on behalf of all policyholders who ultimately pay the price.

Abuse of discretion on the merits, as well as the procedures.

As we all know, the court has discretion on the question of costs.

The decision was subject to considerable commentary due to the fact that this was the first reported occasion that the judicial discretion on administration applications had been exercised in this manner.

We will take the time to understand your situation, and you can be assured that our team will work with absolute discretion on your case.

This gives the Crown a great deal of discretion on the maximum possible penalty the accused will receive should they be convicted.

[W] hile § 314 (a) invests the Director with discretion on the question whether to institute review, it doesn't follow that the statute affords him discretion regarding what claims that review will encompass.

Section 9 of HA 1998 confers wide discretion on courts dealing with possession claims, which is sufficient to permit adjournments of claims in appropriate circumstances.

It will be interesting to see how the family court applies this subsection but this new subsection doesn't limit the family court's discretion on whether and how much to modify alimony when the supporting spouse retires.

MR JUSTICE AIKENS: As a matter of construction of CPR Pt 44.3, it was clear that the judge had a general discretion on how to deal with costs if he decided that, on the facts of the case, it would not be appropriate to follow the «general rule» under Pt 44.3 (2)(a).

Second, DISP 3.3.1 conferred a discretion on the ombudsman.

But overall, the costs, increased incarceration while crime levels are decreasing, and doing away with judicial discretion on sentencing seem to be the main sticking points.

They are: to give judges discretion on whether to grant permission for a challenge if they are of «exceptional public interest»; and to allow judicial committees to decide the level at which individuals who fund cases will have to be identified.

Imperial Cancer Research Fund v Ove Arup [2009] All ER (D) 282 (Jun); FG Hawkes v Beli Shipping [2009] All ER (D) 207 (Jul); and Sodastream v Coates [2009] All ER (D) 22 (Aug): while CPR 7.6 (2) does not impose a threshold set of conditions, nonetheless those requirements will always be relevant to the exercise of discretion on such an application, but the fact that the conditions are not satisfied is not necessarily determinative of the outcome of a CPR 7.6 (2) application; whether the claim has become statute barred since the date on which the claim form was issued is a matter of considerable importance, since a time extension would disturb the entitlement of the potential defendant to be free of the possibility of any claim; whether the claimant was reliant on further information which had not yet been forthcoming so as to determine whether or not a viable claim existed, is a relevant consideration.

Absent those Regulations, Holland would not have collected the fingerprints, and so would not be in a position to exercise discretion on how to store and further use them.

It is my view that Rule 37B does not confer discretion on the court to set aside an agreement that has been entered into between the parties regarding costs.

But there's some room for discretion on the part of prosecutors and judges built into the system, too.

Did the «liquidation expenses principle» from Atlantic Computers still apply, so that the court had a discretion on the issue and could take a «flexible approach»?

The judge's discretion on a 1954 Act tenancy renewal still carries a great deal of weight, says Steven Woolf

As a matter of fact, Brazil has a very broad concept of money laundering, which gives enforcement authorities too much discretion on how the indictments are filed.

This judgment brings the BVI back into line with many other countries which make no automatic distinction between the location of the judgment, but rather leave that to be considered in the Judge's discretion on the enforcement application itself.

If there is a mandatory minimum sentence for any offence, it means a judge has less discretion on how you should be sentenced.

Administrative officers sometimes have broad discretion on permits and / or licence application procedures, and this may result in a certain degree of unpredictability.

[10] Hence, as a matter of EU law, the investors who benefited from the solar energy subsidies could not entertain legitimate expectations about the legality of the aid, and neither could they (as noted) challenge the scaling back under EU law as Spain enjoys wide discretion on how to reach its renewable energy goals.

The judgment is to be welcomed for giving both the EU and its Member States sufficient policy discretion on how to mitigate the effects of climate change.

In its judgment, the Court upheld children's fundamental right to be reunited with their parents and rejected the Member States discretion on the matter.

While state judges are guided by procedural rules, federal judges have wide discretion on how to run trials when it comes to emerging online technologies — with some guidance from precedent.

(3) specifically exempted from disclosure by statute (other that section 552b of this title), [the Privacy Act] provided that such statute (A) requires that the matters be withheld from the public in such a manner as to leave no discretion on the issue, or (B) establishes particular criteria for withholding or refers to particular types of matters to be withheld;