Sentences with phrase «judicial application of»

Another and less palatable option is to acquiesce to judicial application of the State Farm «disparity» test, and accept reduced retributive damages awards in those unusual cases.

For those interested in the leading judicial application of the pre-contractual duty of good faith, please see Bank of Montreal v. Bail Ltée, [1992] 2 S.C.R. 554), which stands for the proposition that good faith requires a party to disclose to the other, as part of the negotiating process, non-available material information.

Confining the statute's scope thusly ensures that judicial application of the Act will hew closely to its «core purposes..., which are both to protect the ability of American consumers to avoid confusion and to help assure a trademark's owner that it will reap the financial and reputational rewards associated with having a desirable name or product.»

Not exact matches

Jan. 17, 2014: First of 10 applications filed in Federal Court and the Federal Appeal Court by environmental and First Nations groups seeking judicial review of panel recommendation to approve project.

55 (1) Judicial review by the Federal Court of Appeal with respect to any order made under subsection 54 (1) is commenced by making an application for leave to the Court.

Various judicial review and appeal applications have been launched with respect to both the JRP Report and the decision of the Governor in Council.

JUDGING THE JUDGES Patrick McKinley Brennan's review «The Forms Behind the Laws» (April) begs fundamental questions of interpretation, blurs the distinction between legislating and judging, and proposes a mode of judicial interpretation that would, in its practical application, be indistinguishable from judges who make decisions based on personal preference.

Patrick Brennan replies: Upon reading Joseph Viviano's charges against me, I had to ask myself: Who is this Brennan that «proposes a mode of judicial interpretation that would, in its practical application, be indistinguishable from judges who make decisions based on preferences?»

And second — and consequently — in practice the interpretation and application of the law become a function of whatever happens to suit the tastes of those who determine cultural values and wield judicial power.

In his dissent, though, Justice Hugo Black warned of this new application of judicial power:

Albert Camus's essay «Reflections on the Guillotine» cites a 19th - century French jurist's application of the law of probability to the chance of a judicial error with a result of one innocent man's being condemned in every 257 criminal cases.

Unconscionable conduct (agrees with NFF that they have not provided protection and support reforms «to provide transparency in the supply chain» and recognise that «certain classes of suppliers... are predisposed to suffering from a special disadvantage...»; misuse of market power (legal framework must «level the balance of market power in negotiations...», «ensure transparency in the transmission of market prices» and «not allow for final market risks to be borne by the primary producer» and provide «transparency of contract processes» - specifically, Canegrowers supports effects test and a process giving ACCC greater power to «regulate anti-competitive behaviour and impose penalties», shifting «the decisions framework from the judicial system to a regulatory system» which would make it more accessible to small producers); collective bargaining (notes limits of Sugar Industry Act (Qld); authorisation and notification approval costly and limited and not a viable alternative - peak bodies should be able to «commence and progress collective bargaining with mills on behalf of their members» and current threshold too restrictive)» competitive neutrality (mixed outcomes - perverse outcomes in the case of natural monopolies - suggest remove «application of competitive neutrality provisions to natural monopoly essential services»)

Take the ETS case of R (on the application of Bilal Mahmood) v Secretary of State for the Home Department, where the president laid out all the awful things he could do to those who had not shown full candour in their judicial review.

Her publications include «The Application of Information & Communication Technology in the Judicial Process — The Ghanaian Experience,» presented to the African Judicial Network, Ghana (2002).

Kanu's lead counsel, Chuks Muoma had written a petition to the National Judicial Council (NJC), claiming that Tsoho made conflicting rulings on an application by the Department of State Services (DSS) to conduct a secret trial for him.

The Commission on Judicial Nomination, the screening committee for filling posts on the state Court of Appeals, announced it would accept applications through May 19.

I have proposed a Prevention of Terrorism Bill, which would unwind the application of the Act and give us a proper terrorism law, ruling out the application of the HRA 1998 while insisting on habeas corpus, due process and fair trial on one hand, and guiding judicial interpretation of provisions during a public emergency on the other.

The NASUWT has today received formal notification from the High Court of the hearing date for its application for judicial review of the Coalition Government's decision to change the index - linking of public service workers» pensions, including teachers» pensions, from the Retail Price Index (RPI) to Consumer Price Index (CPI).

That is clear demonstration that once again the judicial branch fails to do their job properly as there is no possible way that only 4 of 18k applications did not have sufficient justification.

(4) The independent panel shall report as approved for each judicial position all highly qualified persons who make application to the panel, provided that if the number of highly qualified applicants exceeds three times the number of existing vacancies to be filled in such position (determined as of the time the panel renders its report), the independent panel shall report as approved the most highly qualified applicants in a number equal to three times the number of vacancies to be filled in such position, provided further that if the number of highly qualified applicants is less than three times the number of vacancies to be filled in such position the independent panel shall report as approved the most highly qualified applicants in a number equal to not less than two times the number of such vacancies, provided further that the following categories of applicants who are eligible for reelection or reappointment shall be reported as approved if their performance during their term of office merits continuation in office, and no other applicants shall be reported as approved for their vacancies: (a) a judge or justice completing a full term of office seeking re-election to that office, or (b) an interim Supreme Court justice who has been appointed by the Governor to fill an existing vacancy no later than the previous June 1 after approval of the Governor's screening panel, who has been confirmed by the State Senate and has assumed office no later than the date the panel renders its report, and who otherwise would not be required to make application to the independent screening panel pursuant to the provisions of sub-paragraph (3).

(3) Neither the Executive Committee nor the County Leader shall designate, nominate or propose any candidate for judicial offices which are to be elected county - wide in New York County, or which are to be proposed for appointment by the Mayor of the City of New York or by the Governor of the State of New York, exclusive of recommendations for interim appointment by the Mayor or the Governor, unless such candidate shall have been approved in that calendar year for such office by the independent panel., except that once a candidate for the office of Justice of the Supreme Court has been reported as highly qualified by at least two of the last four independent screening panels for that office, that candidate shall be considered as having been approved by the panel for such office during each of the four calendar years after the year in which the candidate shall have last achieved such status, (not counting a year in which there are no vacancies for the office of Justice of the Supreme Court other than a vacancy resulting from the expiration of the term of office of a justice eligible for and seeking re-election to that office, or a vacancy which has been filled by an interim Supreme Court justice seeking re-election who has been appointed by the Governor and who satisfies the requirements of sub-paragraph 4 (b), provided in each case that such justice has been determined by the independent panel to merit continuation in office), and such candidate shall not make application to the panel during any of such years unless the Committee on the Judiciary shall require the candidate to make such an application.

The DWP decided to appeal against the decision and around the same time the Carmichaels» separate application for a judicial review of the underlying legislation was dismissed in the high court.

After the judgment, the EFCC lawyer, Idris Mohammed, urged Justice Hassan to award a cost of N5m against Ogungbeje for wasting the judicial time of the court with his application.

Instead of having a purely political process, the Manhattan Democratic Party uses a unique Independent Judicial Screening Panel that reviews candidates based on application.

In early May, the Independent Judicial Screening Committee of Bronx Democratic County Committee (IJSC) concluded the application submission period for candidates interested in the elected judicial positions that will occur in the 2017 election cycle in and for the County of the Bronx, City and State of NJudicial Screening Committee of Bronx Democratic County Committee (IJSC) concluded the application submission period for candidates interested in the elected judicial positions that will occur in the 2017 election cycle in and for the County of the Bronx, City and State of Njudicial positions that will occur in the 2017 election cycle in and for the County of the Bronx, City and State of New York.

She has written The Application of Information & Communication Technology in the Judicial Process — the Ghanaian Experience, a presentation to the African Judicial Network Ghana (2002).

In its judicial review application to the high court, Unison argued that the failure to properly consult breaches the partnership agreement between the Department of Health (DoH), the NHS constitution and section 242 of the NHS Act.

But when his appeal was unsuccessful, he did what none of his colleagues had ever done before: he filed an application for judicial review before the Federal Court of Canada.

The risk of judicial review must be factored into the application process to ensure that all the required procedural steps are properly followed by the LPA.

For that reason it is important to avoid or mitigate the risk of judicial review of the planning permission by ensuring that all the relevant procedural steps have been followed in the application process, and all relevant issues have been addressed.

The judge said the decision about whether to hold a judicial review should be heard in open court, after privately considering the merits of the application.

On the basis of this case study if judicial review is not available, either in law; or because F does not have the knowledge or resources to fund an application; or if there can be no challenge to the Commission figure at the liability order stage, then F will be fixed with a sealed court document which, on the above facts, represents an unchallengeable misrepresentation of the true facts.

This course would pave a way for potential judges to learn judge craft before making any judicial application, ensuring a consistently high standard of judicial practice from applicants of all backgrounds.

District Judge Chris Lethem — a member of the Civil Procedure Rule Committee and Judicial College trainer on costs — told us that he hardly ever saw applications to vary budgets.

Thus, the application for judicial review was granted and the matter was sent back to the Tribunal to issue a declaration that the publication of the article «AIDS Secrets» by the respondent Marc Lemire constituted a breach of s 13 of the Canadian Human Rights Act and to determine a proper remedy for the breach.

However, in the absence of a system to preventively suspend the application of national laws during unconstitutionality procedures, judicial fees must be paid at the higher rate until the Constitutional Court decides the issue.

Having at this point struck out at the Ontario Court of Appeal three times, he launched another judicial review application in Federal Court.

Finally, he brought yet another judicial review application in Ontario to, in the Court's words, «reconsider the surrender decision made by a previous Minister of Justice and confirmed by another Minister of Justice.»

Indeed, the ABA Model Code of Judicial Conduct, in the «application» section, provides that the code applies to all full - time judges, and goes on to define «judges» as «anyone who is authorized to perform judicial functions, including... a member of the administrative law judiciaryJudicial Conduct, in the «application» section, provides that the code applies to all full - time judges, and goes on to define «judges» as «anyone who is authorized to perform judicial functions, including... a member of the administrative law judiciaryjudicial functions, including... a member of the administrative law judiciary.»

It is submitted that the Opinion of AG Saugmandsgaard ØE reflects a common unease when it comes to the application of the traditional broad judicial interpretation of the State resources criterion, and may be regarded as pointing to a novel approach.

The Santos claim is the only issued application for judicial review on the issue of whether the...

The existence of unresolved judicial review proceedings can cause significant problems for a public body even where a party does not make an application for interim relief.

Recognizing this, the ABA issued its Opinion 462 to address existing Model Code of Judicial Conduct provisions and their application to judges online.

In R (on the application of the Transport and General Workers Union and another) v Walsall Metropolitan Borough Council [2001] All ER (D) 85 (Jun) a council decided to press ahead with a decision to award its catering services to an outside contractor, M Ltd, instead of the authority's internal caterers despite the existence of an unresolved judicial review claim.

The Federal Court of Appeal set aside the tribunal's decision and allowed the artists» application for judicial review.

According to a judicial review application, the Agreement provided for certain payments to Wong by the Globe & Mail, provided the terms of the settlement were kept confidential.

No application for judicial review can proceed without the grant of permission.

This would better reflect the practical application of the sound prediction test and avoid unnecessary judicial scrutiny into ultimately irrelevant factual and evidential areas.

The second preliminary reference (Watson) arose before the Court of Appeal in the context of applications for judicial review of the UK's Data Retention and Investigatory Powers Act (DRIPA) on the grounds that this Act was incompatible with the EU Charter and the ECHR.

In a series of cases, he has considered the parameters of the judicial discretion when determining maintenance applications.