Sentences with phrase «in subsequent case»

Witnesses may ask for and be given the protection of either or both of the federal or provincial Evidence Act, which means that the evidence can not be used against those witnesses in subsequent criminal or civil cases except in situations where it could be shown that the evidence given at the hearing was inconsistent with the evidence given in the subsequent case, in which case the original evidence could be used in a prosecution for perjury.

The fine, Puri noted, seems «grossly disproportionate» to the fine issued in a subsequent case in R. v. Niko Resources Ltd. in which the company was fined $ 9.5 million for a $ 200,000 bribe to a Bangladeshi government minister — a much higher sanction.

The trial court in the subsequent case sustained a demurrer to the putative class action complaint, holding that it lacked «subject matter jurisdiction» since La Canoas failed to bring a motion in the prior case.

In the subsequent case of McGinnis v. Watson, [Footnote 40] this principle is again applied and supported by a more elaborate argument.

This view was confirmed in the subsequent case of Bevan & Bevan (2013) FLC 93 - 545 in which it was agreed that «notional property» which is sometimes «added back» to a list of assets, to account for the unilateral disposal of assets, is unlikely to constitute «property of the parties to the marriage or either of them».

The Court of Appeal did not take the opportunity to clarify the law in relation to «add back» assets in the subsequent case of Rapp v Sarre (formerly Rapp)[2016] EWCA Civ 93, [2016] All ER (D) 101 (Mar).

The RPC team pulled off a major coup in this case, not only successfully challenging the jurisdiction of the Competition and Markets Authority to review a merger, but defeating the CMA in a subsequent case in the Court of Appeal.

However there are references to the principles and pre-TOLATA 1996 case law in subsequent case law and in Stack v Dowden.

The recent Philip Morris ruling is a bold move against minimum harmonisation that has potential to considerably narrow the EU legislator's room for manoeuvre, if followed in subsequent cases.

However, it lost the power of its conviction in subsequent cases, generating an intolerable degree of uncertainty and ambiguity in the jurisprudence.

The decision of the Court of Appeal in Hayden v Hayden [1992] 1 WLR 986, [1992] 4 All ER 681, in which the gratuitous services of the defendant father were taken into account in assessing the child's loss of dependency following the death of her mother, has for years been distinguished in subsequent cases without ever being overruled.

Teva's practical effect on patent infringement actions will depend on how the Federal Circuit applies the «clear error» standard in subsequent cases.

This ruling has proven useful, in subsequent cases, in establishing that the claims were not statute - barred, even where the plaintiffs and their solicitors were not diligent in investigating potential claims.

Notwithstanding the reduction in the damages awarded, the case remains extremely important and will be of significant influence in subsequent cases considered by Ontario courts.

In subsequent cases, plaintiffs evolved three techniques of avoiding Chadha: (a) combining direct and indirect purchasers into one class; (b) relying on causes of action that may not require proof of loss, in order to invoke aggregate assessment of damages; and (c) leading economic evidence regarding pass on.

More importantly, Mackinnon J.'s discussion of «limited retainers», confirmation of non-retainers in writing, conflicts of evidence between solicitors and clients, and duty to provide advice outside of a retainer has been extremely helpful to counsel defending solicitors in subsequent cases.

In a very general sense, it means that if a court has already decided on a particular legal issue in one case, the court should follow its decision on that same issue in subsequent cases.

The latter type, the Court concluded, is admissible in subsequent cases where «the very essence of the offence, and its actus reus, is the giving of the false testimony» (Staranchuk SCC at para 1).

It will be interesting to see if the decision in this case is followed in subsequent cases, and, if the principle develops in future cases, whether the hard edges as applied in cases such as Page, Lewis and Bhatti will be softened.

In subsequent cases concerning Japan, this has enabled me to be far more successful than before in persuading courts to prevent children's visits to that country.

To his surprise, the decision was applied in subsequent cases and he had to revisit the case with a case note in a later annotation.

Earlier this year, in Hinton Organics, Lord Justice Carnwath noted obiter that «certain aspects of [the Corner House] principles have proved controversial, particularly the requirement that the claimant should have no private interest in the outcome of the case», as well as suggesting that, although on a strict view Goodson remains binding authority, it is impossible to ignore the criticisms in subsequent cases of its narrow approach.

In subsequent cases, most notably the healthcare case King v. Burwell, the Court has also indicated that on some legal questions of major importance, it would be implausible to infer that Congress intended deference, even if the agency administers the statute and uses formal procedures.

Due to the lack of a clear majority and the nature of the reasoning of the different opinions, the lower courts have struggled with how to apply Freeman in subsequent cases.

The Court's remark in Macedo regarding the anticipated difficulty enforcing the order reflects the doubt cast in subsequent cases that such «in personam» orders regarding matrimonial property are an effective or even valid tool.

The court relied heavily on the doctrine of stare decises to support its conclusion stating that «common - law decisions should stand as precedents for guidance in cases arising in the future» and «generally be followed in subsequent cases presenting the same legal problem.»

vi) The B.C. decision has since been applied in subsequent cases, including Rarick v. Rarick in Alberta.

This question will be likely be explored further in subsequent cases.

In subsequent cases, the ECJ has referred to a man in the same employment «now or in the past».

As is the norm in legislative development, courts pass judgements and said judgements are then used in subsequent cases.

Answering that question will depend not on a careful reading of McKercher, but on a study of how it is applied in subsequent cases.

Not exact matches

«We view success as any company that secures a subsequent round of funding,» Conser says, noting that in some cases Shell «funds» a company itself.

Such a violation, if eventually confirmed by the Federal Trade Commission, could lead to many millions of dollars in fines against Facebook, said David Vladeck, who as the director of the FTC's Bureau of Consumer Protection oversaw the investigation of alleged privacy violations by Facebook and the subsequent consent decree resolving the case in 2011.

Let's think worst case — should the currency collapse in your home country... and should a bank run ensue... and should the government mandate that all banks then close for no less than a week... and should subsequent food shortages take place... and should no clean water be available... and should the electricity and heat not work... and should violent protests, riots, and widespread looting erupt...

But in each case inflation fell during the subsequent two years by between 1 and 2 percentage points (see chart, right)-- even during the 1970s, now recalled unfondly as a bubbling cauldron of inflation.

For provisional ratings, this announcement provides certain regulatory disclosures in relation to the provisional rating assigned, and in relation to a definitive rating that may be assigned subsequent to the final issuance of the debt, in each case where the transaction structure and terms have not changed prior to the assignment of the definitive rating in a manner that would have affected the rating.

However, a continued advance is much less certain if the wall of worry forms near a major market peak, in which case a subsequent decline is more likely.

Following the two increases in the cash rate at the end of 2003, the Board considered at its subsequent monthly meetings whether there was a case to increase rates further.

In this case, compensation in the current year is completely independent of compensation in the prior or subsequent yearIn this case, compensation in the current year is completely independent of compensation in the prior or subsequent yearin the current year is completely independent of compensation in the prior or subsequent yearin the prior or subsequent years.

Within the context of this broad strategic assessment, the Board judged at the time of the June meeting that the case for an easing was not sufficiently strong and, in the event, subsequent developments tended to weaken that case further, so that the cash rate was again held unchanged at the July and August meetings.

In case one wishes to discard the record before 1980 from the analysis, it's worth noting that since 1980, the correlation of the FedModel with subsequent S&P 500 total returns has been just 27 %, compared with an average correlation of 90 % for the other models since 1980.

In any case, it wasn't I who challenged David Daniell on that occasion but Miola himself in his subsequent paper, and it was their confrontation on the opening day that made the conference so memorable, with a clear victory on «the Catholic side.&raquIn any case, it wasn't I who challenged David Daniell on that occasion but Miola himself in his subsequent paper, and it was their confrontation on the opening day that made the conference so memorable, with a clear victory on «the Catholic side.&raquin his subsequent paper, and it was their confrontation on the opening day that made the conference so memorable, with a clear victory on «the Catholic side.»

That is to say, even if sin be ignorance (or what Christianity would perhaps prefer to call stupidity), which in one sense can not be denied, we have to ask, is this an original ignorance, is it always the case that one has not known and hitherto could not know anything about the truth, or is it a superinduced, a subsequent ignorance?

In any case, it has remained for subsequent decades to herald that approaching end, to exhibit that possible mortality in ever clearer fashioIn any case, it has remained for subsequent decades to herald that approaching end, to exhibit that possible mortality in ever clearer fashioin ever clearer fashion.

It was in any case this faith, accommodating itself in one form or another to almost every conceivable circumstance of existence, which was responsible for the survival of Judaism's essential integrity, her unique entity — and, historically assessed, for the subsequent creation of the Christian faith.

In subsequent chapters, Appleby presents case studies both of militants who use violence and those who work for peace.

In a desperate attempt to bridge choice and faith, many who choose to «interrupt» their pregnancies (the common phrase in these cases) embrace the idea of the transmigration of souls, expecting that the terminated fetus will return in a subsequent pregnancy, wearing a new, improved bodIn a desperate attempt to bridge choice and faith, many who choose to «interrupt» their pregnancies (the common phrase in these cases) embrace the idea of the transmigration of souls, expecting that the terminated fetus will return in a subsequent pregnancy, wearing a new, improved bodin these cases) embrace the idea of the transmigration of souls, expecting that the terminated fetus will return in a subsequent pregnancy, wearing a new, improved bodin a subsequent pregnancy, wearing a new, improved body.

1:2 - 3) In any case subsequent Isaisnic tradition combines the two covenants of Exodus and David - Zion, and the demonstrable affinity of Hosca and Isaiah as presently formulated remains.

In the case of Isaiah there is the strongest evidence both that the prophet himself wrote, and that on occasion he committed his message for subsequent delivery in oral form to a circle of discipleIn the case of Isaiah there is the strongest evidence both that the prophet himself wrote, and that on occasion he committed his message for subsequent delivery in oral form to a circle of disciplein oral form to a circle of disciples.

They could be interpreted as saying nothing different from what Whitehead asserts, namely, that in the case of a society the form or character common to the entities is derived by all subsequent ones in their prehension of earlier ones.