Sentences with phrase «factual nature of»

In determining the appropriate standard of review, Justices LeBel and Cromwell relied on the tribunal's expertise, the factual nature of the question, and the purpose of the statutory provisions at issue.

The factual nature of that sentance isn't that lots of people by his stuff, but that they believe they are awesome because of it.

While this distance can be off - putting, it reinforces the truthfulness and factual nature of creative nonfiction, making the stories more believable.

To recognize the factual nature of values as responses of actual human beings in actual or imagined situations is to remain on the solid ground of experience which all can understand.

Not exact matches

The words «to it,» the imprecise meaning of the words «directly,» «related» and «relevant,» the privative clause in section 23 of the Act, and the highly factual and policy nature of relevancy determinations, taken together, widen the margin of appreciation that this Court should afford the Board in its relevancy determination...

«His ultimate explanation is that each factual entity] in its initial phase prehends God,» as it must do, because only through the mediation of the divine nature is there an «envisagement of the entire multiplicity of eternal objects» (cf. IMW 269).

When one looks at them «in the factual context of the life of the human person,» one discovers their «fundamental dissimilarity in nature, structure, and dynamics.»

It is this fact that Whitehead believes conceals the true meaning of simultaneity, for Whitehead clearly believes that the existence of such frames is indeed factual: «This spatio - temporal framework is not an arbitrary convention... Thus, the space of a consentient set is a fact of nature; the traveler with the set only discovers it» (PNK 32).

Factual statements about nature reduce art to mere illustration and assimilate it to conceptual habits of thinking — precisely what Dillenberger rightly criticizes in American Protestantism.

In this increasingly influential school of thought the various «factual» descriptions of an object, rather than describing its nature, simply redescribe its utility.

That's a simple factual observation about the nature of politics, and perhaps the least partisan part of her post.

The proscription of terrorist organizations, including the application of criminal responsibility of its members, must be made on the basis of factual evidence of activities that are of a genuine terrorist nature as well as of the actual involvement of the individuals concerned.»

Using the representation of factual ideas — life, nature and structure — and throwing them into an abstract form, Daniel embraces the apparent limitations of a black surface.

Artistic yet factual, these works scientifically records parts of the world and brings them in front of the viewers, the majority of which, for a variety of reasons including isolation, apathy and mistreatment of nature, will never actually see.

[17] The Teachers» Federation asserts that the judgment is the product of (i) fundamental errors of law regarding interpretation and application of the duty of fair representation, and (ii) a multiplicity of factual errors involving findings not based on the evidence and contrary to the evidence, which are palpable in nature and overriding in effect.

The pro-disclosure side requires that the sound line of reasoning and factual basis be in the patent, whatever the nature of the invention.

stated that it «must ascertain whether the domestic courts conducted an in - depth examination of the entire family situation and of a whole series of factors, in particular of a factual, emotional, psychological, material and medical nature, and made a balanced and reasonable assessment of the respective interests of each person, with constant concern for determining what the best solution would be for the

[56] Thus, «On judicial review, the question becomes whether, in assessing the impact of the relevant Charter protection and given the nature of the decision and the statutory and factual contexts, the decision reflects a proportionate balancing of the Charter protections at play.»

[17] The Teachers» Federation asserts that the judgment is the product of (i) fundamental errors of law regarding interpretation and application of the duty of fair representation, and (ii) a multiplicity of factual errors involving findings not based on the evidence and contrary to the evidence, which are palpable in nature and overriding in effect... [more]

The fact that the nature of the statement is not a factual claim but a simple metaphorical opinion of the company based on it's interpretation of sales data means it technically can not be a «False» Statement.

Notably, the Colorado ethics panel says that the states that have come out against review of metadata based their opinions «on incorrect factual premises regarding the nature of metadata.»

However, the only «principles» that he could have been referring to are (a) those which describe the nature of the evidence that was required for a valid decision on the issue of whether the nurses» negligence was a factual cause and, then, (b) what test to use to decide if the evidence is sufficient on the balance of probability.

[15] In this regard, I consider this kind of factual evidence to be analogous to those matters described by Madam Justice Garson as being «more in the nature of observations» as opposed to inferences having complex interpretive or diagnostic components when she described how their inclusion in records sought to be admitted as business records did not offend Rule 40A in Egli v. Egli, 2003 BCSC 1716 at para. 25 which was relied on by the defendant in submissions.

The claimant therefore appealed alleging that the trial judge was wrong in his factual conclusions concerning her credibility, the nature of her injuries, and the extent to which the injuries impaired her ability to maintain her employment (Gulbrandsen v. Mohr, 2014 BCCA 359).

However, citing the Ontario Court of Appeal's affirming ruling in this Healey, Annis J. held that this case was well suited for summary judgment because there was little in dispute of a factual nature as it was largely based on materials taken from various blogs.

General whiplash and accident cases are far easier and are reflected in the fact that the reports are cheaper to produce and are often of a more factual nature.

Because legal problems arise in particular factual contexts, reasoning about the meaning of a legal rule often requires more than the mechanical application of the general words in the text.3 Likewise, when an attorney reasons by analogy, she considers the precise nature of the particular legal problem and context and does not simply compare the surface details of her client's case with a precedent.4

This is a factual inquiry to be determined by a contextual examination of the nature and circumstances of the misconduct.

There are 4 plus factors recognized in the fair use defense, where the fact - finder would somehow «take into consideration» these factors: purpose and character (non-profit, teaching, exegesis all in your favor), nature of the work (equations implies science hence facts, being factual favors fair use), amount and substantiality (not in your favor, if you're paraphrasing a whole book), and effect on market.

The Court of Appeal agreed with the motion judge that the fourth condition of discoverability under the Limitations Act, 2002 is met at the point when the claimant not only knows the factual circumstances of the loss she has suffered, but also knows that «having regard to the nature of the injury, loss or damage», an action is an appropriate remedy.

Only the first two of the eight factors are strictly factual in nature; all the rest are designed, more or less explicitly, to assess the consequences of taking jurisdiction from the point of view of whether doing so would further the ends of justice.

The essentially factual and individual nature of the inquiry should not be glossed with legal concepts which would produce a different result from that which the factual inquiry would produce.

[57] On judicial review, the question becomes whether, in assessing the impact of the relevant Charter protection and given the nature of the decision and the statutory and factual contexts, the decision reflects a proportionate balancing of the Charter protections at play.

One must ask, given the nature of the decision and the statutory and factual contexts, does the decision reflect a proportionate balancing between the statutory objective and the severity of the interference of the right?

Making sure that the factual matter of the articles or write - ups prepared 100 % accurate and precise in nature

Parties requesting assistance submit a request form and other relevant information that sets out the nature of the case, the facts underlying the case, and the factual and legal issues that are likely to be addressed.

Subsequently, Century 21 made a request that the Northwestern Vermont Board of REALTORS ® (NWVBR), the intervenor, decline to arbitrate the matter on the basis that the issues were of a legal nature, rather than a factual one.