Sentences with phrase «exercise of discretion under»

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.

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).

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.

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.

(i) is submitted in support of, and at the time the application is made; (ii) relates to grounds of appeal other than those mentioned above; (iii) is adduced to prove that a document is genuine or valid; or (iv) is adduced in connection with the exercise of discretion under the immigration rules to refuse the application on grounds not related to the acquisition of points under the points - based system.

A three - judge PTAB panel denied institution of the follow - on petitions in November 2016, citing the Board's exercise of discretion under 35 U.S.C. § 314 (a), which states that, «The Director may not authorize an inter partes review to be instituted unless the Director determines that the information presented in the petition filed under section 311 and any response filed under section 313 shows that there is a reasonable likelihood that the petitioner would prevail with respect to at least 1 of the claims challenged in the petition.»

NB: When a tribunal must determine the constitutionality of a law, as distinct from an exercise of discretion under a law, the standard of review is still one of correctness.

That the Parliament amend each of the following Acts by inserting a non-obstante clause in order to ensure that the NT provisions are subject to the protections of the RDA in the exercise of all discretions under the legislation:

Not exact matches

If the Floor Proposal is presented at the meeting, the proxy holders will have discretionary voting authority under Rule 14a - 4 (c) under the Securities Exchange Act of 1934 with respect to the Floor Proposal and intend to exercise such discretion to vote AGAINST such proposal.

Saxo Bank may exercise full discretion in modifying or discontinuing any part or whole of the Services specified under points (i) to (v) subject to this Agreement at any time without cause or prior notice.

The letter calls on the Trump administration to «exercise the discretion available under the law to defer the deportation of Chaldeans who pose no threat to US public safety to Iraq.»

«Given the unusual combination of facts — as well as the fact that nothing in the existing Rules or Decisions specifically addressed such circumstances of simultaneous competitor error and Committee error — the Committee reasonably exercised its discretion under Rule 33 - 7 to waive the penalty of disqualification under Rule 6 - 6d, while still penalizing Woods two strokes under Rules 26 - 1a and 20 - 7c for playing from a wrong place.»

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.»

We do not think that it is proper, we do not think that it is the proper exercise of the discretion given to him under the constitution.»

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.

The DPP urged the court to exercise its discretion in favour of the state because Aluko had given evidence under cross examination that the election which brought Fayose into power was free, fair and credible devoid of military harassment.

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.

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.

The apportionment of liability is one of the factors that the court should consider in exercising discretion under section 131 of the Courts of Justice Act, R.S.O. 1990, c.C - 43 (see Rule 57.01).

The notion of facultative mixity recognizes the ability of the Union's legislator to exercise discretion over whether to conclude an international agreement as an EU - only or a mixed agreement when parts of it fall under shared competences.

Courts have exercised the residual discretion they enjoy under article V (1) and have rejected challenges based on an irregular composition of the tribunal where it is clear that a party had previously intended to frustrate the arbitral procedure.

c. Convenience to the plaintiff is but one of several factors for the court to consider in exercising its discretion under Rule 7 - 6:...

IBM is essentially about the employer's exercise of its powers under a discretion it holds, either under the contract of employment or under the pension scheme rules.

Part 36 can be used in respect of issues in the case but may not be used in relation to interim applications (in respect of which the court will exercise its usual discretion as to costs under CPR 44).

When courts blend different types of variances together, it is more difficult for them to exercise fully each type of discretion available under the advisory Guideline regime.

The Court of Appeal will not interfere with a ruling as to admissibility of evidence of a defendant's bad character unless the judge's judgment as to the capacity of prior events to establish propensity is plainly wrong, or discretion to exclude under s 101 (3) has been exercised unreasonably in the Wednesbury sense.

However, the motion judge then went on to exercise his discretion, under s. 106 of the Courts of Justice Act, to grant a stay of proceedings, stating that «because Chevron Corp does not have assets here, and there is no reasonable prospect that it will do so in the future, there is no prospect for any recovery here.»

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.

Approaching the matter in this way serves to focus the inquiry on the exercise of the discretion with a view to the purpose of the Rule and obviates the need to guess as to whether, and if so when, a first assessment not ordered under the Rule may have evolved into such an assessment.

What is the correct test for identifying the date of knowledge and how is the discretion under s 33 of the Limitation Act 1980 to be properly exercised?

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.

It [was] also submitted that in cases of contested ancillary relief proceedings if the order made is liable to be set aside under s 339 then as a matter of course the statutory discretion should be exercised against making any such order.»

In considering the factors relevant to the exercise of the court's discretion, under s 33 of the Limitation Act 1980 (LA1980), to extend the limitation period beyond that specified in LA 1980, s 11 what matters most is not the length of the delay itself, but the reasons for that delay and its potentially prejudicial effect; moreover, it may be reasonable to delay issuing proceedings on account of the defendant's impecuniosity.

(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].

This was sufficient to dispose of all but one of the appeals because it meant that the claims then came within s 11 and the individual cases were remitted for judges to decide whether to exercise discretion under s 33.

The claimant sought 100 % of her costs in spite of the division of liability, asking that the court exercise its discretion under s. 3 (1) of the Negligence Act, R.S.B.C. 1996, c. 333.

In awarding the claimant 65 % costs instead of 50 %, the judge developed a list of factors from which we have developed the following helpful checklist for the court to exercise its discretion under s. 3 (1) of the Negligence Act:

The Trustees of the Welfare Plan denied his medical marijuana claim under the terms of plan documents, and declined to exercise discretion to approve the claim.

The exercise of the discretion is constrained by the duty of fairness and the obligation to act honourably for the public and the administration of justice under Rule 4.01 (4) of The Law Society of Alberta's Code of Conduct.

The ONCA held that the trial judge erred in failing to exercise his discretion to assume jurisdiction under s. 23 of the CLRA, which allows the court to exercise jurisdiction over a child's custody where that child is physically present in Ontario and would suffer serious harm if the child is removed from Ontario.

I have concluded that the exercise of the discretion to stay proceedings by front line prosecutors as agents for the Attorney General of Alberta and the federal Director of Public Prosecutions under s. 579 of the Criminal Code has become systemically unethical.

It first considered whether the standby duty directive was a reasonable exercise of the Employer's discretion under the Management Rights clause of the collective agreement in light of its effect on the lawyers» personal lives and the Employer's business objectives.

16 In the case of Aquilini v. Aquilini, 2012 BCSC 1616, Mr. Justice Smith dealing with an application for the appointing of a business valuator (similar to the case at bar) identified the following relevant factors for a court to consider when determining whether to exercise its discretion under Rule 13 - 4 (3) to appoint a joint expert in absence of an agreement at para. 43:

Given the keen interest of the diverse parties following this litigation closely, and the potential learning value of this case to a broad audience beyond, this case presents an ideal instance in which judicial discretion should be exercised under the auspices of the rule to admit Internet to the courtroom.

In exercising her authority under the subsection, the Minister must act reasonably, but she is nevertheless afforded a large degree of discretion in determining how the appellant could be placed in the position she would have been had the error not been committed.

Court held that where a duly constituted community association board, upon reasonable investigation and in good faith, exercises discretion within the scope of its authority under the relevant statutes, courts should defer to the board's authority and presumed expertise.

On the face of it, the decision of the Court of Appeal in Dawson - Damer & Ors v Taylor Wessing LLP [2017] EWCA Civ 4 concerned the narrow issue of the circumstances in which the court may decline to exercise its discretion to order that a person must comply with a request under the Data Protection Act 1998 (DPA).

Under State v. Kirk, the court held that temporary road block set up by exercise of absolute, unbridled discretion of officers in field is violative of State Constitutional provision against unreasonable seizure; however, if certain procedures set forth, ensuring supervisory control of checkpoints and warnings to motorists, are carefully followed, any constitutional objections will be overcome.

Although an order denying routine costs is reviewed under the deferential abuse of discretion standard, there is an important qualifier to application of this rule — there must be an indication that the trial court actually did exercise discretion.

Given these exceptional circumstances and the nature of this legal issue, the Prosecutor has exercised her independent discretion under articles 19 (3) and 42 to seek a ruling on the question from the Pre-Trial Chamber.