Sentences with phrase «exercise of discretion -lsb-»

If there is an issue of cultural secrecy, that can be indicated and would be a matter to be taken into account in the exercise of discretion.

The kind of circumstances recognised by the authorities which might justify the exercise of this discretion was discussed in R v Morton (2001) 11 NTLR 97 at [11]- [12], viz, a failure by the prosecutor to assist the sentencing judge or a failure by the Crown to lodge a prompt appeal.

The application for the registration test is a wholly inappropriate basis for the exercise of a discretion to dismiss proceedings because:

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;

These reports should be supplied following the exercise of a discretion of the presiding member and taking account of any special circumstances.

The Larrakia people appealed this ground on the basis that it was a miscarriage of the exercise of discretion conferred on the judge by Section 86 of the Native Title Act.

Developed a comprehensive understanding on constitutional and statutory provisions, exercise of discretion for legislative branches, ethic restrictions, constitutional rights of public employees, and the relationship between law and administration at the local, state and federal level.

In its Octane opinion, the Supreme Court applied a much more flexible standard, ruling that trial courts should award fees «in the case - by - case exercise of their discretion, considering the totality of the circumstances.»

She also contributes to Westlaw Insight and has written a number of relevant articles including: «Health and Safety Executive v Wolverhampton City Council [2012] UKSC 24 — the final word on the relevance of financial considerations in the exercise of discretion under s. 97 of the Town and Country Planning Act 1990,» RTPI Cynllunio Magazine, Winter 2012.

Absent any palpable and overriding error, deference is owed to the application judge's exercise of discretion.

With respect to the exercise of discretion it was held that if the parents were able to show a change in circumstances, the court's paramount consideration in the exercise of this discretion must be the welfare of the child throughout his life, having particular regard to the matters set out in the checklist which appears in ACA 2002, s 1 (4).

It was the exercise of that discretion which the House of Lords had restored.

Mr Justice Walker said that one difficulty with this was that (assuming that it was open to the chief executive to delegate the requisite concurrence and that he did so delegate): «One would have expected the council to have produced some evidence that an individual had applied his or her mind to the question: should I concur in the making of this order on behalf of the chief executive on the basis that making this order is a proper exercise of discretion, not merely in the legal sense, but on the merits?»

In N v F, Mostyn J reminds himself that these types of case are «highly fact specific and very discretionary»; but then he goes on to spend 10 pages of a 17 - page judgment explaining the cases and other external factors — ie not «fact specific» to the case at all — that he plans to take into account in exercise of his discretion (16 earlier cases — including Ribiero PJ in LKW v DD (FACV 16/2008)-- are cited).

Having determined that the phrase «The court may... find the offender to be a dangerous offender» denotes a discretion, the next issue that falls to be considered is the legal principles and factors that a sentencing judge must consider in the exercise of that discretion.

The fact that a receiving party can waive privilege in an assessment, but can (usually) re-assert privilege in subsequent contexts is relevant to the exercise of a discretion to put the receiving party to his election (see South Coast Shipping).

In the exercise of his discretion he granted the application to summon L.

«The motion judge was clearly aware of these duties and of Merchant's history and I am not prepared to say that he erred in the exercise of his discretion in awarding carriage to Rochon in spite of Merchant's participation in that consortium,» Strathy also said.

She argued that the decision to hold recess in the courtyard was an exercise of her discretion, for which she could be liable.

Involves not just the exercise of discretion, but also the findings of fact on the basis of which discretion is to be exercised.

He accepted D's argument that, even if C had succeeded, under CPR 44.2, the proper exercise of discretion ought to lead to C recovering significantly reduced costs and D recovering a substantial proportion of its costs.

Rather, the Commission's decision was an exercise of its discretion under section 27 of the Act to consider whether the Appellants were suitable candidates for re-registration, over which the Commission has sole jurisdiction (as the MFDA has not been delegated this authority).

However, the Registrar is required to guard against an exercise of discretion that results in substantive inequality.

It was open to the trial judge to deny an adjournment, in the exercise of her discretion.

The courts accord deference to the administrative decision - maker's exercise of discretion.

Decisions made by Prosecutors about consenting to or opposing release made in the proper exercise of their discretion will be supported by the Attorney General.

A court will defer to any finding of fact or law, or any exercise of discretion, by the Health Professions Review Board (the «HPRB»), unless the finding or decision is patently unreasonable, by operation of the HPRB's privative clause under...

Meanwhile the CA has made clear that it does not wish to hear appeals where the issue to be determined is whether or not there had been proper exercise of discretion.

The court has given guidance on the exercise of its discretion to release a party who has obtained a freezing order from his undertaking not to use information obtained thereby in contempt proceedings against the other party.

It is a basic rule of law concept that legal rights should be safeguarded by operation of law in preference to the exercise of discretion.

(iv) Is there, arguably, any error in the exercise of that discretion which enables the Court of Appeal to say that his order was, arguably, plainly wrong?

«In short, this was a perfect storm of evidence to demonstrate the improper exercise of discretion of a selection committee so as to allow the arbitrator to find that their decision was both procedurally and substantively flawed to such an extent that an arbitrator could justifiably «gallop» over the selection panel's expertise and decision.»

The Guidelines are a way of structuring the exercise of that discretion and providing some consistency.

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.

Nothing in the record «jumped out» at the appellate panel to lead it to disturb the exercise of discretion below, even though the 998 offer was small and made early in the litigation (before expert depositions were taken).

They held that the presiding judge had made an order that contemplated disclosure of an informant's identity to defence counsel but that the order was made in a proper exercise of discretion under section 37 (5) of the Canada Evidence Act, which permits disclosure of information that is subject of a section 37 (1) certification where the public interest in disclosure outweighs the public interest specified by the Crown.

If judicial discretion is problematic, the exercise of that discretion perhaps ought to be problematic whether its effect is clearly visible or not.

The proper approach is more consistent with the goals of s. 25 (1) of the Immigration and Refugee Protection Act and focuses more on the equitable underlying purpose of the humanitarian and compassionate relief application process, seeing the words in the Guidelines as being helpful in assessing when relief should be granted in a given case, but without treating them as the only possible formulation of when there are humanitarian and compassionate grounds justifying the exercise of discretion.

In its consideration of the § 3553 (a) factors, the district court correctly found in the exercise of its discretion that other facts warranted a sentence lower than that recommended by the Guidelines range.

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.

This is wise policy and serves as a guide to the exercise of discretion in the award of costs

Policy Decisions: No proceeding based on negligence in connection with the exercise or non-exercise of a discretionary power or the performance or non-performance of a discretionary function, if the action or inaction results from a policy decision of a municipality or local board made in a good faith exercise of the discretion, shall be commenced against,

This is a question of statutory interpretation, rather than one of an exercise of discretion based on all the facts of the case.

• the Council was entitled to deference in the exercise of its discretion as to whether Mr. Black should be given an opportunity to make representations orally or in writing.

Contino v. Leonelli - Contino (2005) S.C.J. No. 65 (S.C.C.)-- child support in shared custody situation requires the exercise of discretion and not just a set — off;

'' (T) he question whether fresh evidence is admitted or not is to be decided by an exercise of discretion... (T) he question is largely a matter of decree and there is no precise formula which gives a ready answer.

[55] The prosecutor must however have regard to any applicable restraints on the exercise of discretion, including the Witness Charter and the Code of Practice for Victims of Crime.

The weight that the court, in the exercise of its discretion under Rule 12 (6), gives to the loss of insurance coverage as a potential disadvantage that the other spouse may suffer as a result of the early severing of the claim for divorce depends on the evidence in the particular case.

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.

Thus, the majority of the Court of Appeal concluded that there was no reviewable error in the chambers judge's exercise of discretion and dismissed Suncor's appeal.