Sentences with phrase «factual matrix»

So hotly debated, that the principle itself is often lost in questions over its application to a specific factual matrix.

At all times, a court should strive for a holistic view of the matter and decide each case on the basis of its particular factual matrix.

The definition of terms such as «extreme» is also difficult to define particular depending upon the applicable factual matrix.

The prototype captured, as may be imagined with over 1,000 potential questions, a rich factual matrix.

Leading junior in case involving a suggested shaking injury with extensive and complex medical evidence and an unusual factual matrix.

I will present the case, for reasons which I will explain below, with a slightly different factual matrix.

While the unique factual matrix of the case, both substantively and procedurally, makes it difficult to extract further ratios, the inquisitive will benefit from reading the full decision in Surujdeo v. Melady.

On appeal, Talius argued that the trial judge had erred by not considering the complete factual matrix surrounding the employment agreement, and by misapplying the contra proferentem rule (whereby the terms of an agreement are interpreted against the drafter).

Where, like here, the matter involves the interpretation of a standard form contract, the interpretation at issue is of precedential value, and there is no meaningful factual matrix specific to the parties to assist the interpretation process, this interpretation is better characterized as a question of law subject to a correctness review.

Overall, it is unclear if this precedent on interlocutory injunctions will be limited to its unique factual matrix or liberally applied in future cases not only within Canada, but also what the status of this Canadian precedent will be internationally in light of the recent US decision.

While not every complaint or investigation warrants retention of an external investigator, those circumstances are arising much more frequently and may include scenarios where serious allegations are made; a complex factual matrix is alleged; or even where the employer wishes to ensure a degree of independence from the investigation is maintained.

The Court of Appeal declined to reverse the trial judge's decision, holding that contra proferentem was inapplicable where ambiguity can be resolved with reference to the objective factual matrix, and further, that Talius's reliance on the subjective understanding of its representative did not assist in interpreting the contract:

The contract should unequivocally, with as little reference as possible to factual matrix wherein the agreement came into being, record the parties» rights and responsibilities.

The EAT confirmed that a tribunal must assess the whole factual matrix of each case and, importantly, further acknowledged that any assessment of the time for which Uber would be required to pay the national minimum wage would be dependent on the specific facts of each case.

In this case, Justice Blair observed that underlying the proposed class action was an «almost entirely foreign - related factual matrix» and he found that Justice Perell's determination that he should exercise judicial restraint and decline jurisdiction was both well - founded and entitled to deference.

Further, the relevant factual matrix spanned several jurisdictions raising issues of the applicable law and the appropriate forum (country) for the dispute to be heard.

An exhaustive review of the relevant statutory language and factual matrices follows.

However, Justice Wagner created an exception to Sattva in today's decision, stating, «In my view, where an appeal involves the interpretation of a standard form contract, the interpretation at issue is of precedential value, and there is no meaningful factual matrix that is specific to the parties to assist the interpretation process, this interpretation is better characterized as a question of law subject to correctness review.»

To determine what is just and reasonable in the context of a particular factual matrix, the court must determine what the reasonable expectations of the claimant were and whether the conduct of the corporation (or the directors of the corporation) violated those reasonable expectations by conduct that was oppressive, or unfairly prejudicial, or which disregarded the interests of the complainant.

Contractual interpretation involves issues of mixed fact and law as it is an exercise in which the principles of contractual interpretation are applied to the words of the written contract, considered in light of the factual matrix of the contract.

Each student selects a legal issue, hypothetical or otherwise, to research, and then finalizes the formulation of the issue and any factual matrix in consultation with me.

Determining that the reference to «permanent» lost significance when the factual matrix was considered, he found that the parties had intended to fix a three - year term and not a cap, and, absent a clause providing for earlier termination, Mr. Alsip was entitled to damages for the remaining 28 months.

In addition, although the factual matrix is less relevant for standard form contracts, factors such as the purpose of the contract and the industry in which it operates should nevertheless be considered.

The factual matrix in this case consisted of the rule 49 context in which the parties were operating, and the timing of the offer and its acceptance in their litigation.

However, the factual matrix is broader.

Briefly, the motion judge made a reversible error by taking a literal approach to the offer and acceptance and failing to consider the factual matrix when interpreting the concluded agreement.

Contractual interpretation involves issues of mixed fact and law as it is an exercise in which the principles of contractual interpretation are applied to the words of the written contract, considered in light of the factual matrix.

To the submission that the arbitrator's application of promissory estoppel failed to follow the test laid down in Maracle v. Travellers Indemnity Co. of Canada, [48] Justice Fish held simply that the arbitrator had «adapted and applied the equitable doctrine of estoppel in a manner reasonably consistent with the objectives and purposes of the LRA, the principles of labour relations, the nature of the collective bargaining process, and the factual matrix of Ms. Plaisier's grievance.»

Insofar as the task narrowly is to determine the meaning of the words in the contract the matter may be a question of law... but where the factual matrix of the contract is questioned, determining that matrix and its significance is a question of fact.

[2] The Supreme Court of Canada's («SCC») recent decision in Creston Moly Corp v Sattva Capital Corp («Sattva») emphasized that contracts must be interpreted as a whole, using a contextual approach that considers the factual matrix of the surrounding circumstances and dealings between the parties.

Interpreting the language of the contract in the context of the factual matrix is a question of mixed fact and law.

Since the majority frames the issue as a dispute over the interpretation of a contract, and the factual matrix surrounding the making of the settlement contract was not materially in dispute, it is possible to conclude the record before the Chambers Judge was not deficient:

This does not offend the parol evidence rule because the goal of considering the factual matrix is (at para 81) «to deepen the trial judge's understanding of the mutual and objective intentions of the parties as expressed in the words of the contract.»

Clyde River and CTFN articulate common legal standards but reach different results on the application of those legal standards to the factual matrix of the particular issues before the Court.

Close to 20 years later, the factual matrix that arose in Varipatis is really a wake - up call for medical practitioners to respond more aggressively and with a clear strategy to patients who present with severe obesity.

It is reasonable to conclude that a factual matrix is necessary in order to fairly address whether ICBC's conduct materially enhanced the possibility of committing the breach of privacy, and to determine the connection between the impugned conduct and ICBC's conduct.

In other words, contracts are to be interpreted in the context of the factual matrix under which they arise.

Although Lloyds» proposal did not form part of the final insurance documents, the court found that it was a relevant part of the factual matrix which, when viewed objectively, showed that the parties intended the Lloyds Policy to include claims covered by the Great American Notice.

The legal approach of contractual interpretation is to look at what the parties intended, given the factual matrix; the legal test for implying a term is whether such an implied term is necessary to give business efficacy to the contract.

The central question on appeal to the Supreme Court was whether facts which: l are communicated between parties during without prejudice negotiations; l form part of the factual matrix or surrounding circumstances; and l would, but for the Rule, be admissible as an aid to construction of a settlement agreement which results from the negotiations should be admissible in evidence by way of exception to the Rule.

Lord Clarke stressed that nothing in the judgment was intended to underplay the importance of the Rule or to encourage the admission of evidence of pre-contractual negotiations beyond that which is admissible in order to explain the factual matrix or surrounding circumstances.

[96] Although public representations by a regulator as to its public duties and obligations do not establish a relationship of proximity between the regulator and an individual plaintiff, they are properly included in the factual matrix to be considered in determining whether the interactions between a regulator and a plaintiff are sufficiently direct and close to warrant a finding of proximity.

However, the appellate court further determined there was insufficient evidence before it to determine the «factual matrix» necessary to interpret the ambiguous wording of an exclusionary endorsement.