Sentences with phrase «in subsequent cases»

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

The issue did, however, receive considerable scrutiny in the subsequent case of Servier.

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.»

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 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.

The Supreme Court has cited Chevron deference in its decisions in subsequent cases, and the doctrine has been credited with giving executive agencies the power to define vague laws, including, for example, environmental laws that carry criminal penalties.

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.

[45] Much has been written (in support and otherwise, academically and by judges in subsequent cases) about all these cases but for present purposes it is only necessary to discuss their legal propositions.

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.

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.

Given their response when we relied on Spencer in subsequent cases, we have a good idea what the opinion was.

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 remains to be seen whether these obiter remarks will be influential in subsequent case law.

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.

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.

Adoption of the Mitchell approach in subsequent cases has set the tone, with a clear warning to practitioners and parties in dispute that the rules will be rigorously applied and non-compliance will not be tolerated.

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.

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

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.

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.

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

[34] This approach has been followed in subsequent cases: see Ball v. Gap (Canada) Inc., 2001 BCSC 824, 8 C.P.C. (5th) 258; Golden Capital Securities Ltd. v. Holmes, 2002 BCSC 516; Sturzenegger (c.o.b. Zurich Trucking) v. K. Peters Industries Northern Ltd., 2003 YKSC 72; Kursar v. BCAA Insurance Corp., 2006 BCSC 586; and Wu v. Sun, 2006 BCSC 1890.

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.

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.

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, 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.

CanLII and the Federation will argue for a large and liberal interpretation of the term «research» as set out in CCH v. Law Society of Upper Canada and in subsequent cases.

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

When writing opinions, the justices would do well to ask: In subsequent cases, is the federal trial judge to behave more like the Herculean judge or more like the judge - as - umpire when applying our decision?

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