Sentences with phrase «duties in fairness»

We expect that at all material times, the state security agencies, will discharge their duties in fairness and accordance to the supreme laws of our land.

Not exact matches

The NDP could have framed this debate as one of protecting Alberta jobs and an Alberta - based company, rather than just about cancelling a contract with a giant Australian company (it was later announced that an appeal panel determined that Alberta Health Services breached its duty of procedural fairness in the RFP process in a substantive manner).

And we're seeing just how important this duty is: Recent electoral outcomes in the U.S. and Europe underline that, while perceived economic fairness is not an exclusive determinant of political temperament, it certainly does count.

The genius of The Moral Sense is the way in which the universal dispositions — sympathy, fairness, self - control, and duty — are developed and proved.

He wants it to be moral - to fulfill the promise of his title - to reflect the notions of sympathy, duty, self - control, and fairness that he has discussed so interestingly in other works.

It's been a tough week for our captain, but he played well today, doing his duty when called upon, which in all fairness was a rarity.

President Osinbajo swears in Walter Onnoghen as Chief Justice of Nigeria; urges him to uphold justice, fairness and truthfulness while performing his duties Restore public confidence in the justice system, Ag.

In sum, the use of teacher - collected video in classroom observations did seem to improve the classroom observation process along a number of dimensions: it boosted teachers» perception of fairness of classroom observations, reduced teacher defensiveness during post-observation conferences, led to greater self - perception of the need for behavior change and allowed administrators to time - shift observation duties to quieter times of the day or weeIn sum, the use of teacher - collected video in classroom observations did seem to improve the classroom observation process along a number of dimensions: it boosted teachers» perception of fairness of classroom observations, reduced teacher defensiveness during post-observation conferences, led to greater self - perception of the need for behavior change and allowed administrators to time - shift observation duties to quieter times of the day or weein classroom observations did seem to improve the classroom observation process along a number of dimensions: it boosted teachers» perception of fairness of classroom observations, reduced teacher defensiveness during post-observation conferences, led to greater self - perception of the need for behavior change and allowed administrators to time - shift observation duties to quieter times of the day or week.

Unlike Western cultures, where harmonious social relations rest upon the satisfaction of individual needs or rights and fairness to all, «proper behavior in the Confucian collectivistic culture is defined by social roles, with mutual obligation among members of society and the fulfillment of their duties for each other being emphasized» (Ho, 2001, p. 100).

Equity also imposed a duty of fairness on solicitors in contracting with clients, requiring the solicitor to establish, for example, that the client understood the agreement, that the price was reasonable, and «that the transaction was in all respects fair, and such as an independent solicitor who had performed his duty, would have advised his client to enter into.»

Parker J held her to an order in the terms of the original agreement: «[58]... The duty of the court [is] to make its own independent assessment, and to consider the s 25 criteria and fairness, and a just result.

These shareholders would have a duty to minority shareholders to ensure that any transactions made between the business and majority shareholder are always done in fairness.

In this case, Christina Lambert and Matthew Hill successfully obtained permission for judicial review on the basis that a pilot scheme Notice of Hearing did not comply with the GMC's statutory duty and common law obligations of fairness.

In some cases, a duty of procedural fairness may be owed to an individual if the decision is sufficiently particular to that individual.

I will contend that «pleasure» carries with it a duty of fairness (protect and defend), owed to Her Majesty, in the issuing of Her Letters Patent to unfit lawyers.

In this case, having regard to: (i) the origin of Ofsted's duty of fairness; (ii) the general purpose of the JAR together with its procedural arrangements; and (iii) the unique circumstances and timescale in which the JAR had been directed, the Court of Appeal found that Shoesmith's appeal against Ofsted should be dismisseIn this case, having regard to: (i) the origin of Ofsted's duty of fairness; (ii) the general purpose of the JAR together with its procedural arrangements; and (iii) the unique circumstances and timescale in which the JAR had been directed, the Court of Appeal found that Shoesmith's appeal against Ofsted should be dismissein which the JAR had been directed, the Court of Appeal found that Shoesmith's appeal against Ofsted should be dismissed.

That duty of fairness is absent in B.C.'s Q.C. Act legislation (no revocation clause for cause) and thus, not only invalidates the legitimacy of these honors (for last 16 years) but places the Crown (Office of the AG) in disrepute (failure to act fairly and responsibly to correct flawed legislation).

Did the board err in law and breach its duty of fairness in determining the circumstances in which the record would be made publicly available following an appeal when that issue was not before the board?

Originally cast in terms of inherent authority to control the processes of the court and prevention of abuse of the process, it is today recognized that a trial judge has a duty to manage the trial process balancing fairness to the parties as well as efficient and orderly discharge of court process.

Assuming a duty of fairness was owed by the adjudicator, the appeal court found that the lawyer must have known that the reasonableness of his accounts and his explanations for them would be a central issue in the taxation hearing.

The Court went on to say that in the administrative field there is «a general duty of fairness.»

The starting point is that the decision - maker is under a duty of transparency and fairness (which in this case required full disclosure of the model and underlying data); it should not normally give undertakings as to confidentiality in respect of material that fairness dictates it should disclose as part of its consultation.

Hale LJ dissented and expressed concern regarding a general enforceability of pre-nuptial agreements and that the law should «not introduce a presumption or starting point in favour of holding the parties to it: the guiding principle should be fairness in the light of the actual and foreseeable circumstances at the time when the court comes to make its order» and stated that «modern marriage still possesses an irreducible minimum, which includes a couple's mutual duty to support one another and their children».

If they would not give evidence, dangerous criminals would walk free and both society and the administration of justice would suffer; (ii) it was settled law that the paramount object had always been to do justice and that if, in order to do justice, some adaptation of ordinary procedure was called for, it should be made, so long as the overall fairness of the trial was not compromised; (iii) recent case law supported the adoption of protective measures; (iv) the Strasbourg jurisprudence, properly understood, did not condemn the use of protective measures; and (v) the defendant was protected from the risk of unfairness by the prosecutor's duty of disclosure.

Except where there is a «red flag» prompting further inquiry, such as an obvious error in the material or where information has come to light which casts a doubt on the reliability or integrity of the facts or opinions in the underlying material, there was no duty to examine the procedural fairness of investigations upon which facts and opinions in a reference were based.

The Court left open the issue of whether it is possible to craft an exclusion clause that would protect an owner who breaches its duty of fairness to bidders in the tendering process.

I think the problem is that such mechanisms are not appropriate in an adjudicative context, and make the ultimate decision either very difficult for a court to review (in that there are no reasons to review) or very easy to review (by proceeding by way of vote the law societies, prima facie, failed to comply with their duties of fairness and their duties to weigh various Charter values.

The commentary on Rule 4.01 (1) goes on to say: «The lawyer must discharge this duty... in a manner that is consistent with the lawyer's duty to treat the tribunal with candour, fairness, courtesy...»

Farrar J.A. accepted that the municipality was subject to a duty of fairness in disposing of the building and that the content of the municipality's policy gave rise to a legitimate expectation on the part of the not - for - profit groups.

[116] The duty of procedural fairness would also require the ACO to outline what procedure it would undertake in making its determination, what evidence is required to meet the trigger test, as well as to convey the deadlines applying to the ACO's procedure -LSB-...].

But, he suggested, «[a] lthough, in some cases, a representation may define the content of the duty, the existence of legitimate expectations is just one factor to be considered in the formulation of the duty of fairness» (at para. 64).

The claimants were able to establish that the system — taken in its entirety — was unfair; and thus the Lord Chancellor had breached the common law duty of fairness.

[112] In conclusion, I am satisfied that the RFP process followed was sufficient to discharge the duty of procedural fairness owed to the Community Groups.

A recent Alberta decision has rejected the province's argument that it does not owe a duty of procedural fairness to First Nations in determining whether the Crown's duty to consult is triggered.

In its decision in the 2009 HudBay proceedings, the Ontario Securities Commission noted that an adviser's success - based compensation may adversely affect the ability of a board to rely on financial advice: «a fairness opinion prepared by a financial adviser who is being paid a signing fee or a success fee does not assist directors comprising a special committee of independent directors in demonstrating the due care they have taken in complying with their fiduciary duties in approving a transaction.&raquIn its decision in the 2009 HudBay proceedings, the Ontario Securities Commission noted that an adviser's success - based compensation may adversely affect the ability of a board to rely on financial advice: «a fairness opinion prepared by a financial adviser who is being paid a signing fee or a success fee does not assist directors comprising a special committee of independent directors in demonstrating the due care they have taken in complying with their fiduciary duties in approving a transaction.&raquin the 2009 HudBay proceedings, the Ontario Securities Commission noted that an adviser's success - based compensation may adversely affect the ability of a board to rely on financial advice: «a fairness opinion prepared by a financial adviser who is being paid a signing fee or a success fee does not assist directors comprising a special committee of independent directors in demonstrating the due care they have taken in complying with their fiduciary duties in approving a transaction.&raquin demonstrating the due care they have taken in complying with their fiduciary duties in approving a transaction.&raquin complying with their fiduciary duties in approving a transaction.&raquin approving a transaction.»

Topics discussed include apprehension of bias in tribunal decisions, the impact of a breach of the duty of fairness, components of the right to a fair hearing, and more.

The Consultant argued that the Ministry had an obligation to hold an oral hearing before rendering its decision and in failing to do so breached the duty of fairness owed to her.

As such, the only duty of fairness that arises on parties that is the one in connection with disclosing their individual financial situations.

In Baker, the Supreme Court noted that the purpose of the participatory rights contained within the duty of procedural fairness is, among other things, to provide an opportunity for those affected by the decision to put forward their views and evidence fully and have them considered by the decision - maker.

[There] may still be a duty on the part of a Visa Officer, in certain situations, to provide an applicant with the opportunity to respond to his or her concerns, in accordance with the rules of procedural fairness.

-- The USA games industry has spent years refusing to give their customers what they want, insisting that they alone have the duty to uphold the commitment to fairness that every player, in their hearts — even though many of the players aren't wise enough to realise this — secretly wants.

They also explore principles of fairness (for example, the problems with an «eye for an eye» or «first come, first served») and the issues and problems involved in appealing to consequences and duty when making moral decisions in everyday contexts.