Sentences with phrase «established jurisprudence»

Ultimately, the BC Supreme Court will need to re-visit many of these issues to bring the OSMV tribunal in line with established jurisprudence.

«The applicant's request does not establish that the decision conflicts with established jurisprudence and that the reconsideration raises issues of general or public importance.

This prejudice favouring traditional religions demonstrates a degree of imperial ethics... Sometimes, while not based on established jurisprudence, the perception is that we are prepared to challenge in the courts a newer religion with different belief structures but are prepared to accept the more established religions.

Not exact matches

The inference is that natural rights reasoning is insufficient to establish an enduring constitutional jurisprudence, much less one capable of protecting human life.

Ibn Battuta says that Islam had been established there for almost a century and tells of the piety, humility, and religious zeal of the king who, like his people, was a follower of the Shafi'i school of jurisprudence.

In the past three decades, since India opened its economy to the world, the Indian Courts have played a very significant and proactive role in introducing some of internationally well - established legal principles to Indian IP jurisprudence.

Nevertheless, novel as it may be, that addition to an already established line of jurisprudence on retail trading restrictions is the least remarkable aspect of the judgment.

First, constitutional jurisprudence has yet to establish that state religious neutrality is a pressing and substantial objective, and some thought will have to be given to just how pressing and substantial it is, particularly in the face of a competing right which is not only constitutionally protected in Canada but also solidly recognized in liberal democratic thought as a fundamental human right (not to mention, in the face of a law which purports to allow municipalities to simply opt - out of the law's application).

It has been long recognized in the jurisprudence that one party to an agreement can not unilaterally attach to an existing agreement a term diminishing the rights of a party already established under that agreement.

After a lengthy review of jurisprudence from both Human Rights Tribunals and Appellate Courts, the Board settled on a two - part process to be used in determining whether Wayne had established a prima facie case.

Between late 1996 and early 2007, Canadian tort jurisprudence formally had, at least based on an (ahem) «common sense», grammatical, ordinary, plain etc. etc. reading of Athey, an alternative method for establish factual causation (cause - in - fact) on the balance of probability.

The Criminal Code doesn't permit a plea of nolo contendere, however the jurisprudence establishes that a similar procedure is available to accused in Canada, Toronto... Read more

There is an established line of Strasbourg jurisprudence which holds that restrictions on the access to court of embassy staff engage Article 6, but can be justified with reference to «the legitimate aim of complying with international law to promote comity and good relations between States» (Sabah El Seil v France (2012) 54 EHRR 14, at [52]-RRB-.

Strasbourg jurisprudence had established the principle that Art 2 covered not only the obligation not to take the life of another person but also imposed on contracting states the positive obligation to take certain steps towards preventing loss of life at the hands of others.

Would and should a probation officer and a sentencing judge consider common downward departure arguments — e.g., extraordinary family circumstances, aberrant behavior — in the context of the established departure jurisprudence, or should judges just be completely free to consider these factors as they see fit?

The appropriate analytical framework for an accommodation case is clearly discernible from well - established human rights jurisprudence.

Following general principles of human rights jurisprudence, the onus is initially on the complainant in a human rights complaint to establish that he or she has suffered discrimination on a prohibited ground set out in the human rights legislation.

: Although not statutory, the rule has been established through jurisprudence that the date of the separation of the parties is the relevant date for purposes of identification of assets.

Jurisprudence has established the test for determining whether an insured has been involved in an «accident»:

The HRTO has developed a wide and established body of jurisprudence in its area of expertise; the Superior Court, being a generalist court, is wise, in my opinion, to follow its precedents.

It is well - established in the Tribunal's jurisprudence that the Code imposes a duty on organizations to investigate a complaint of discrimination, and that a failure to investigate can attract liability, even if the Tribunal ultimately dismisses the underlying allegations of discrimination.

Established by the American Bar Association in 1942 for the purpose of»... Advancement of jurisprudence and the promotion of justice and uniformity of judicial decision throughout the United States, exclusively through education and scientific research in the field of law,» the not - for - profit American Bar Endowment provides unique opportunities for ABA lawyer members to get quality, affordable insurance, through a trusted insurer, while giving back to the good works of the legal profession.

As we argue (in some detail), the Supreme Court's Supremacy Clause jurisprudence, especially the 2009 decision in Haywood v. Drown, establishes that the constitutionally required collateral remedy recognized in Montgomery must be available, in the first instance, in state courts — even if the state has not chosen to provide collateral post-conviction relief for comparable state - law claims.

While subsection 15 (1) of the Charter was not addressed due to limitations in the record in Kokopenace, this effects - based rather than formalistic approach to Charter rights, well - established in the Supreme Court's own jurisprudence, ought to have been considered.

[16] It is well - established in family law jurisprudence under the Divorce Act, R.S.C. 1985, c. 3 (2d.

On the first step of the test, the duty of care must be well - established in the jurisprudence in order to negate the need for a full duty of care analysis.

Contrary to Richard Gold's assertion, the Canadian promise of the patent doctrine, the requirement to disclose the factual basis for sound prediction in the patent, and the prohibition on using post-filing evidence to establish utility, are not in line with US, UK and EPO jurisprudence, at least: see my articles Must the Factual Basis for Sound Prediction Be Disclosed in the Patent?

The approach to determining claims for privacy or misuse of private information is now well - established as a two - stage process, incorporating the jurisprudence of Arts 8 and 10 of the European Convention on Human Rights (the Convention).

Centuries of jurisprudence have concluded that making inquiries of this sort a part of establishing liability is, by and large, a terrible idea.

Besides, no scientifically sound research actually establishes «harm» from the adversarial system — or benefit to families» well - being from applied therapeutic jurisprudence.

The CRA uses an established test — based on long - established legal jurisprudence — to determine the true nature of the relationship and whether an individual is properly classified as an employee or an independent contractor.