Sentences with phrase «exercising undue»

Represented defendant individual in a case where siblings accused her of exercising undue influence over late mother.

In Hicks v. Hicks, 16 E.T.R. (2d) 179, Mr. Justice Shaw awarded full indemnity for costs against the defendant, as a result of his reprehensible conduct in exercising undue influence over his elderly mother.

Together with Citizens United, this decision guts our campaign finance system and opens the door to corruption by handing a small minority of wealthy individuals the power to exercise undue influence over our government.»

Landlord organizations contend that de Blasio exercised undue influence over the «independent» RGB.

In that case Justice Harvey concluded that the plaintiff exercised undue influence upon the deceased testator and that the circumstances surrounding the preparation of the will were suspicious.

More than that, it seems to exercise undue control over the intellectual state of this property prior to a significant investment by the publisher compared to that of author and reviewer.

(1) Did the trial judge err by finding that the respondent had not exercised undue influence over Mr. Paterson?

Not exact matches

«It is clear that Shari Redstone has isolated her father and put his residence on lockdown, which provides clear evidence of her exercise of undue influence.»

The judiciary should be encouraged to have the courage to exercise its powers without undue interference by the executive arm.

By choosing your exercises wisely and training with good form you can reduce the risk of placing undue stress on your joints.

If you're a gym regular, make sure to perform all exercises with proper form which minimizes the risk of undue stress on the knees and injury.

A good way to start is by performing seated calf raises — this is a highly effective exercises that gives you the opportunity to safely overload the muscles with heavy weight without placing undue stress on your back.

Not only will you decrease the range of motion of the exercise, limiting your ability to build muscle fast, you may put undue stress on the shoulder girdle, causing injury.

Exercising for more than 30 minutes at a time puts undue stress on your adrenal glands by causing cortisol to skyrocket and any excess estrogen to encourage further fat production.

This article brings together the combined perspectives of a sports clinician (PM) and a professor of sociology (RS), both of whom have shared the observation that the no - pain, no - gain mindset, born out of economics, and with the potential to cause undue stress, is not unique to the exercise community but endemic to society as a whole.

Hyperextensions This and the lower back machine where you sit back against a padded arm, are the best exercises for working the erector muscles without undue strain on the spinal structure.

Before you get into the heavy lifting, start out with these warm up exercises to gear your muscles for dumbbell exercises and weight lifting workouts without taking a chance of adding undue strain on your muscles.

Therapists and personal trainers started condemning full sit ups as a useless exercise that works the hip flexors (not the abs) and puts undue stress on the lower back.

With the cosigner in place, even if you exercised one of the more bleeding - edge solutions, like a consumer bankruptcy to wipe out the unmanageable debt as an undue hardship, it will still leave the cosigner on the hook for the total amount of the loan.

The concept of undue hardship began as a somewhat malleable one, with bankruptcy judges free to exercise their discretion in determining whether borrowers faced sufficient hardship to justify discharging student loan debt.

Large breed dogs might find vigorous exercise puts undue pressure on their joints while brachycephalic (short nosed dogs) such as pugs and bulldogs will have difficulty breathing if the exercise is too long or vigorous.

exercises will improve your puppy's balance, spacial awareness and core strength — without undue stress on a growing puppy's ligaments, tendons and joints.

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.

(3) such an enabling power should be exercised when a form of electronically executed will or fully electronic will, as the case may be, is available which provides sufficient protection for testators against the risks of fraud and undue influence.

The question of undue delay was the issue that primarly exercised the

A provincial government must justify any law of general application where a limitation imposed is unreasonable; where the legislation imposes an undue hardship, or where the legislation «denies the holders of the right their preferred means of exercising the right».

The enquiry would include whether, at the time the contract was entered into, there was any lack of capacity on the part of the client, whether there was any undue influence exercised or unfair advantage taken by the solicitor, whether any mistake was made, or whether any other flaw arose in the formation of the contract which would indicate that the client did not understand and appreciate its content.

McLarty Wolf Litigation Lawyers are committed to representing spouses and children who were wrongfully disinherited as a result of the exercise of undue influence.

Matters might have been different if it could have been shown that the deceased had been emotionally vulnerable as a result of some mental disorder which, while not rendering her incapable of understanding the nature and effect of the transaction, could have made her more susceptible to any undue influence being exercised over her mind.

Construction of an option agreement for the sale of land in which there were 2 such options, both of which the Claimant purported to exercise and in respect of which the Defendant alleged undue influence.

In addressing this interest, both courts acknowledged that a state has an interest in: (i) preserving life in general; (ii) preventing deaths that occur as a result of errors in medical or legal judgment; (iii) preventing exercise of undue, arbitrary, and / or unfair influences over an individual's decision to end his / her life; (iv) safeguarding interests of innocent third parties such as minor children and other family members; (v) assuring the integrity of the medical profession; and (vi) avoiding the adverse consequences that might ensue if physician - assisted suicide were declared a fundamental right.

[105] It may be predicted that laws and regulations of general application aimed at protecting the environment or assuring the continued health of the forests of British Columbia will usually be reasonable, not impose an undue hardship either directly or indirectly, and not interfere with the Aboriginal group's preferred method of exercising their right.

[104] This Court suggested in Sparrow that the following factors will be relevant in determining whether a law of general application results in a meaningful diminution of an Aboriginal right, giving rise to breach: (1) whether the limitation imposed by the legislation is unreasonable; (2) whether the legislation imposes undue hardship; and (3) whether the legislation denies the holders of the right their preferred means of exercising the right (at p. 1112).

In addition, since the Commission may be expected to proceed cautiously, as it has in the past, cf. Brief for Petitioner 42 - 43, and n. 31, I do not foresee an undue «chilling» effect on broadcasters» exercise of their rights.

Courts, while exercising their constitutional functions of judicial review, must be sensitive not only to the need to uphold the rule of law, but also to the necessity of avoiding undue interference with the discharge of administrative functions in respect of the matters delegated to administrative bodies by Parliament and legislatures.

The power to refuse to grant restitution under art. 1699 para. 2 if restitution would confer an undue advantage on one party is «quite exceptional», must be exercised sparingly and on the basis of full proof, the burden of which falls to the debtor of the restitution.

The court shall exercise reasonable control over the mode and order of interrogating witnesses and presenting evidence so as to (1) make the interrogation and presentation effective for the ascertainment of the truth, (2) avoid needless consumption of time, and (3) protect witnesses from harassment or undue embarrassment.