Sentences with phrase «including exercises of discretion»

In British Columbia, standard of review issues are regulated by the Administrative Tribunals Act: correctness review is provided for in respect of some questions (including procedural ones); deferential review in respect of others (including exercises of discretion).

Not exact matches

On June 15, 2012, then - Secretary of Homeland Security Janet Napolitano issued a memorandum entitled «Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children,» creating a non-congressionally authorized administrative program that permitted certain individuals who came to the United States as juveniles and meet several criteria — including lacking any current lawful immigration status — to request consideration of deferred action for a period of two years, subject to renewal, and eligibility for work authorization.

You hereby grant to Non-GMO Project an irrevocable, perpetual, transferable, non-exclusive license to be exercised by Non-GMO Project at its sole and absolute discretion throughout the Universe on or through any media and using any technologies, whether now known or hereafter devised, including the right (a) to grant sublicenses to any Content that You Post; (b) to edit, reproduce, copy, publicly display, publicly perform, publish, broadcast, retransmit, distribute, create derivative works of and otherwise to exercise and exploit, whether commercially or otherwise, any and all proprietary rights in and to any Content You Post; and (c) to reproduce, copy, publicly display, publish, broadcast, retransmit, and distribute your name in association with your Posted Content.

57 (3) Where the court orders that costs be assessed as special costs, the registrar shall allow those fees that the registrar considers were proper or reasonably necessary to conduct the proceeding to which the fees relate, and, in exercising that discretion, the registrar shall consider all of the circumstances, including,

When considering whether to exercise this discretion, the court must consider all the circumstances of the case including six factors:

In deciding whether to exercise its s 33 discretion, the court is also likely consider several other factors including: public policy; the value of the claim; and the potential for further litigation.

[45] In explaining how I reach this conclusion, I first outline the approach to the review of prosecutorial discretion, including the threshold evidentiary burden that must be met by an accused person alleging an abuse of process based on the improper exercise of prosecutorial discretion.

These include legislation, prosecutorial charging guidelines, court challenges, jury nullification, the exercise of prosecutorial discretion in the absence of offence - specific charging guidelines, and the exercise of judicial discretion in sentencing.

In exercising his discretion to award costs against a losing party (s. 63 of the Act), he construed «other costs» in s. 59 (1)(c) of the Act as including the cost of litigation funding.

While the authorities indicate that the Court has a discretion as to whether to permit the accused to conduct a voir dire in relation to the alleged Charter violation and that in determining how to exercise that discretion the Court may require the accused to summarize the evidence he intends to rely upon, they do not suggest that a notice must include all of the facts which the applicant intends to prove to meet the onus which rests on him in the application.

For five years she was a member of the BC provincial court, time and time again, when serious criminals — including sex offenders — appeared before her court, she exercised her discretion to give them a lenient sentence.

In this case, double costs was not awarded but the court paid attention to several factors in exercising its discretion, including the conduct of the parties and the interests of children involved.

Although the Deskbook appears silent on the factors to be weighed in exercising the discretion to direct a stay of proceedings, the decision to prosecute test, contained in s. 2.3.2, includes consideration of whether there is a «reasonable prospect of conviction».

[55] The prosecutor must however have regard to any applicable restraints on the exercise of discretion, including the Witness Charter and the Code of Practice for Victims of Crime.

«For five years she was a member of the B.C. provincial court, time and time again, when serious criminals — including sex offenders — appeared before her court, she exercised her discretion to give them a lenient sentence,» the web site states.

The BC Appeal court in Smithies Holdings Inc. v. RCV Holdings Ltd., 2017 BCCA extensively reviewed the law relating to an award of special costs and held that reprehensible pre litigation conduct should not be included when a judge exercises his or her discretion as to award... Read more

In N v F, Mostyn J reminds himself that these types of case are «highly fact specific and very discretionary»; but then he goes on to spend 10 pages of a 17 - page judgment explaining the cases and other external factors — ie not «fact specific» to the case at all — that he plans to take into account in exercise of his discretion (16 earlier cases — including Ribiero PJ in LKW v DD (FACV 16/2008)-- are cited).

She also contributes to Westlaw Insight and has written a number of relevant articles including: «Health and Safety Executive v Wolverhampton City Council [2012] UKSC 24 — the final word on the relevance of financial considerations in the exercise of discretion under s. 97 of the Town and Country Planning Act 1990,» RTPI Cynllunio Magazine, Winter 2012.

Prof. Conduct 123 (2001)(subject to the operational structure and content described in the opinion, a lawyer may affiliate with an online legal services website); Nebraska Op. 07 - 05 (lawyer may participate in internet lawyer directory which identifies itself as a directory, disclaims being a referral service and only lists basic information about lawyers without recommending specific lawyers and charges a reasonable, flat annual advertising fee); New Jersey Committee on Attorney Advertising Op. 36 (2006)(lawyer may pay flat fee to internet marketing company for exclusive website listing for particular county in specific practice area if listing includes prominent, unmistakable disclaimer stating the listings are paid advertisements and not endorsements or authorized referrals); North Carolina Op. 2004 - 1 (lawyer may participate in for - profit online service that is a hybrid referral service - legal directory, provided there is no fee - sharing with the service and communications are truthful); Oregon Op. 2007 - 180 (2007)(lawyer may pay nationwide internet referral service for listing if listing is not false or misleading and does not imply that the lawyer can represent clients outside jurisdictions of the lawyer's license, fee is not based on number of referrals, retained clients or revenue generated by listing and the service does not exercise discretion in matching clients with lawyers); Rhode Island 2005 - 01 (permitting website that enables lawyers to post information about their services and respond to anonymous requests for legal services in exchange for flat annual membership fee if website exercises no discretion over which requests lawyers may access); South Carolina 01 - 03 (lawyer may pay internet advertising service fee determined by the number of «hits» that the service produces for the lawyer provided that the service does not steer business to any particular lawyer and the payments are not based on whether user ultimately becomes a client); Texas Op. 573 (2006)(lawyer may participate in for - profit internet service that matches potential clients and lawyers if selection process is fully automated and performed by computers without the exercise of human discretion); Virginia Advertising Op.

In North Carolina either party may petition for alimony, but the court shall exercise its discretion in determining the amount, duration, and the manner of payment, and shall consider all relevant factors, including the marital misconduct of either of the spouses.

If items 13, 24 and 27 are enacted, they should be amended to set out relevant criteria for the exercise of the broad ministerial discretion pursuant to which they are to be made, including: