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.
Even though in NS the MS was discharging an obligation under international law, because this had been harmonized by the Regulation, then
the exercise of discretion by the MS was in the scope of EU Law.
As the Bill stands there will be many more areas for
exercise of discretion by C - MEC and the decision - making process is likely to be under frequent challenge: circumstances for value judgment by civil servants are rife.
Discretionary orders of prothonotaries ought not be disturbed on appeal to a judge unless: a) the questions raised in the motion are vital to the final issue of the case, or b) the orders are clearly wrong, in the sense that
the exercise of discretion by the prothonotary was based upon a wrong principle or upon a misapprehension of the facts.
«We received a clear legal opinion from Tim Owen QC and Julian Knowles, the barristers at Matrix Chambers specialising in human rights and extradition law, that the scope for
the exercise of discretion by the home secretary is greater than you believe,» Keith Vaz, chairman of the committee, wrote.
Observing the law is doesn't mean an AG does nothing, observing and ENFORCING the law is an an active
exercise of discretion by the AG.
Not exact matches
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.
Subject to Section 6 and the other terms and conditions
of the Plan, each Stock Appreciation Right grant will be evidenced
by an Award Agreement (which may be in electronic form) that will specify the
exercise price, the term
of the Stock Appreciation Right, the conditions
of exercise, and such other terms and conditions as the Administrator, in its sole
discretion, will determine.
Each Stock Appreciation Right grant will be evidenced
by an Award Agreement that will specify the
exercise price, the term
of the Stock Appreciation Right, the conditions
of exercise, and such other terms and conditions as the Administrator, in its sole
discretion, will determine.
You hereby grant to Non-GMO Project an irrevocable, perpetual, transferable, non-exclusive license to be
exercised by Non-GMO Project at its sole and absolute
discretion throughout the Universe on or through any media and using any technologies, whether now known or hereafter devised, including the right (a) to grant sublicenses to any Content that You Post; (b) to edit, reproduce, copy, publicly display, publicly perform, publish, broadcast, retransmit, distribute, create derivative works
of and otherwise to
exercise and exploit, whether commercially or otherwise, any and all proprietary rights in and to any Content You Post; and (c) to reproduce, copy, publicly display, publish, broadcast, retransmit, and distribute your name in association with your Posted Content.
The decision
by a three - judge panel stated that, «the Commissioner properly
exercised his broad
discretion under the collective bargaining agreement and that his procedural rulings were properly grounded in that agreement and did not deprive Brady
of fundamental fairness.»
In these circumstances, we are clear in our minds that the decision
by the newly appointed AG to
exercise her
discretion to file a Nolle Prosequi in this matter is an abuse
of discretion, it is capricious, it is an abuse
of due process and it is not candid.
A multitude
of factors may be considered
by the District Attorney in his
exercise of prosecutorial
discretion regarding whether or not to pursue charges in this matter.»
While moving the application brought under Section 35 (1) & (4) and 36 (5) and (6)
of the 1999 constitution and Section 158, 162, 163 & 165
of the Administration
of Criminal Justice Act, 2015, Eze urged the court to
exercise its
discretion in favour
of his client
by releasing him on bail pending trial.
We stand
by those statements and are confident both matters were resolved in an appropriate, lawful
exercise of the District Attorney's prosecutorial
discretion...»
For the first time, the said Forms would be polling station specific and would, therefore, not require the
exercise of discretion during distribution
by Election Officials.
Particular
exercises of discretion could potentially be checked
by the Constitution, statute, or agency directives.
In his submission, counsel to the second defendant, Destra Investments Limited, allegedly owned
by Metuh, Tochukwu Onwugbufor (SAN) said the application deals with the
exercise of the court's
discretion.
I mean, I'd known SB11 was weak and wobbly, but looking at the way the rebuttals are likely to go, I don't doubt Wagner's
exercise in
discretion is
by far the better part
of valor.
Once possession proceedings have been started, the court has an opportunity under Administration
of Justice Act 1970 (AJA 1970), s 36 (amended
by AJA 1973, s 8) to
exercise its
discretion to adjourn or stay the proceedings, or suspend an order for possession, if it appears that the borrower is likely, within a reasonable period
of time, to pay the mortgage arrears.
The approach adopted
by the Court Appeal in Martin - Dye remains but one
exercise of a court's
discretion.
All settlements require trade offs to one degree or another, and where a client freely
exercises his or her
discretion to effect a compromise, informed
by legal advice and knowledge
of the law, and in the absence
of pressure or undue influence, the lawyer should respect the client's choice.
Aboriginal people are not entitled to special consideration
by the Crown in the
exercise of prosecutorial
discretion.
A second element
of the resolution urges the DHS, in the absence
of legislative action
by Congress, to «
exercise its
discretion consistent with the legal authority conferred upon it and refrain from apprehending, detaining or removing Dreamers.»
The Court also rejected the trial Judge's finding that the law was sound because the mandatory minimum sentence only applied where the Crown elected to proceed
by indictment and that the «reasonable
exercise of Crown
discretion would result in summary proceedings».
However, a municipality is immune from liability if that negligent act or omission requires «the
exercise of judgment or
discretion as an official function
of the authority expressly or impliedly granted
by law.»
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.
A criminal case related to Marijuana in Minnesota could potentially be prosecuted in either state
of federal court (or both), depending upon the facts claimed
by police, and upon the
exercise of prosecutorial
discretion.
[2] For this purpose, the courts have developed tools over the years to ensure that similar sentences are imposed on similar offenders for similar offences committed in similar circumstances — the principle
of parity
of sentences — and that sentences are proportionate
by guiding the
exercise of that
discretion, and to prevent any substantial and marked disparities in the sentences imposed on offenders for similar crimes committed in similar circumstances.
These are that: (i) the jurisdiction is to be invoked and
exercised exceptionally and with great caution; (ii) there must certainly be something more than mere infringement
of the criminal law before the assistance
of civil proceedings can be invoked and accorded for the protection or promotion
of the interests
of the inhabitants
of the area; (iii) the essential foundation for the
exercise of the court's
discretion to grant an injunction is not that the off ender is deliberately and flagrantly flouting the law, but the need to draw the inference that the defendant's unlawful operations will continue unless and until effectively restrained
by the law and that nothing short
of an injunction will be eff ective to restrain them.
718 et seq.
of the Criminal Code, R.S.C. 1985, c. C ‑ 46, and although the objectives set out in those sections guide the courts and are clearly defined, it nonetheless involves,
by definition, the
exercise of a broad
discretion by the courts in balancing all the relevant factors in order to meet the objectives being pursued in sentencing.
The
discretion of the court will be
exercised with a view to the best interests
of the children, as presented and contorted
by counsels» able argument.
In the expanded panel's decision denying General Plastic's request for rehearing, the board announced that when
exercising its
discretion to institute, it will consider both the AIA's goal
of providing an «effective and efficient alternative» to federal court litigation, but also «the potential for abuse
of the review process
by repeated attacks on patents.»
If the head, acting judicially, were to find that such an interest exists the head would
exercise the
discretion conferred
by the word «may» and order disclosure
of the document.
Plaintiff contends the judge abandoned any and all independence in judicial
discretion or liberty he may have wished to
exercise when, he accepted the introduction
of the legal briefs submitted
by counsel.
[45] In explaining how I reach this conclusion, I first outline the approach to the review
of prosecutorial
discretion, including the threshold evidentiary burden that must be met
by an accused person alleging an abuse
of process based on the improper
exercise of prosecutorial
discretion.
He indicated that he believed that such a review was neither intended
by s 281 (5) nor within, he felt, the scope
of his
discretion (which, whilst unfettered, still needed to be
exercised properly).
... we may not consider the correctness
of the court's ruling de novo or second guess its
exercise of discretion... Rather, we are limited to a determination
of whether the court's decision was «manifestly unsupported
by reason or so arbitrary that it could not have been the result
of a reasoned decision.»
Justice Brown found that the whether or not the court should
exercise its
discretion to hear a moot appeal, is guided
by the following test: (i) whether the issues can be well and fully argued
by parties who have a stake in the outcome; (ii) the concern for judicial economy; and (iii) the need for the court to remain alive to the proper limits
of its law - making function in order to avoid intrusions into the role
of the legislative branch.
An expanded panel
of the USPTO Patent Trial and Appeal Board («PTAB» or «Board») recently
exercised its
discretion under 35 U.S.C. § 315 (c) to grant a motion to join an inter partes review proceeding with an already - initiated proceeding filed
by the same petitioner.
«The imperatives
of the Rules may be mitigated somewhat...
by the Court's judicious
exercise of the
discretion to excuse compliance, but these are remedial measures and not a license for non-compliance.»
With the remarkable lack
of discretion (or modesty)
exercised by many Facebook users, wily lawyers are increasingly looking for ways to access private postings in order to use it against their adversaries.
It shrinks the broad, unfettered
discretion [the prior framework gave] the relevant regulatory authorities to conduct a compliance audit
of an ILP, albeit only
of an ILP, to a
discretion which is properly
exercised only in response to conduct which has or is alleged to have occurred in the past — and conduct which inevitably comes to attention only haphazardly, in ways which underreport conduct which ought attract regulatory scrutiny
by many tens, if not hundreds
of times.
«The majority opinion reflects the persistent disregard in a number
of judgments that this Court has issued
of the clear and unequivocal directions
of the Supreme Court
of Canada that emphasize the importance
of individualized sentencing and limit appellate intervention in the
exercise of sentencing
discretion by trial judges.
In light
of the defendant's failure and unwillingness to comply with the order made
by Stinson J., its late disclosure
of important documents, counsel's uncivil conduct leading up to and at the trial, and the repeated failures
of the defendant's counsel to comply with the directions and orders
of the court, it is appropriate for the court to
exercise its
discretion to deny the successful defendant its costs.
A ministerial duty is one that is commanded
by a rule or statute, such that there is no
exercise of discretion.
The uncontested evidence
of misconduct
by the defendant's counsel is good reason to
exercise the court's
discretion to depart from the normal rule that costs presumptively follow the event.
(2) the person otherwise lawfully practicing as an in - house counsel under the laws
of a foreign jurisdiction must be authorized to practice under this rule
by, in the
exercise of its
discretion, [the highest court
of this jurisdiction].
Then again, Paul Daly has raised the intriguing possibility (though
by no means a certainty) that Crown prosecutors in Quebec, could, in such a scenario, simply
exercise discretion to prosecute cases
of assisted suicide.
In Shane Anthony Cooley (
By His Father and Litigation Friend Peter Anthony Cooley) v Ramsey [2008] EWHC 129 (QB), the High Court was asked to consider whether it had jurisdiction to grant permission for proceedings to be served in Australia in a case where a British citizen had been left grossly handicapped as a result
of a road traffic accident which had occurred in Australia; and whether, if so, it should
exercise its
discretion in the claimant's favour.