Sentences with phrase «jurisprudence on»

developments in the international jurisprudence on minority rights by various human rights committees, special rapporteurs and organs of the United Nations (including through the application of the International Convention on the Elimination of All Forms of Racial Discrimination and Article 27 of the International Covenant on Civil and Political Rights to the situation of Indigenous peoples);

developments in the international jurisprudence on the application of the right of self - determination to Indigenous peoples; and

The jurisprudence on the replacement of applicants under s. 66B of the NTA provides the most developed thinking around the authorisation of individuals to act for and on behalf of the native title claimant group.

Notwithstanding the influence of Canadian and Australian jurisprudence on each other in relation to native title, there are significant differences in the approaches taken by the respective courts.

Spare the child and hit the pocket: Toward a jurisprudence on a domestic abuse as a quantum factor in financial outcomes on relationship breakdown: Family Court Review Vol 44 (3) Jul 2006, 387 - 411.

The court reviewed a myriad of jurisprudence on the proposition that the purpose of a contempt order is both to compel obedience and to punish the contemnor, including College of Optometrists.

The «never say never» in the title of this posting refers to the likelihood that, unless there's a radical change in my foreseeable future, this is last time I'll write anything focused on the state of the Canadian jurisprudence on this subject.

The jurisprudence on this technical but rather important question has had an unfortunate history, and to make sense of both the problem and the Haward remedy we must step back into the past.

In the past 18 months, we have seen significant developments in jurisprudence on a variety of family law issues.

Sharia Law is in fact, one of the most violent, oppressive and backward forms of jurisprudence on the face of the planet.

It stems from the old jurisprudence on the corruption of voters.

The evolving jurisprudence on the standard of proof in the civil context indicates that an allegation of criminal conduct in civil proceedings is not sufficient in itself to require the criminal standard of proof.

Our senior fellows have completed a curriculum of jurisprudence on reasonable attorney fees and proper legal billing practices.

In the FSCO Appeal Decision of State Farm and Sabadash (P16 - 00029), Director's Delegate Evans conducts a thorough analysis of the key jurisprudence on causation in Canada of the key causation...

In the FSCO Appeal Decision of State Farm and Sabadash (P16 - 00029), Director's Delegate Evans conducts a thorough analysis of the key jurisprudence on causation in Canada of the key causation decisions: Athey v. Leonati (1996 S.C.C.), Resurfice Corp v. Hanke (2007 S.C.C.).

[26] The pre-Hryniak appellate jurisprudence on partial summary judgment limited its availability.

Our faculty members have taught a curriculum of jurisprudence on reasonable attorney fees and proper legal billing practices.

A recent Delaware decision adds to the large body of Delaware jurisprudence on this topic.

But as I say in my written submissions, there's some question about how that argument would work and whether it would involve extending the jurisprudence on the Canadian criminal law power to a point where it had not previously gone before.

Ian B. LEE, «Free Movement of Goods in the European Community: A Critique of the Jurisprudence on Article 30 of the Treaty of Rome»

[xviii] Robert Danay, «Quantifying Dunsmuir: An Empirical Analysis of the Supreme Court of Canada's Jurisprudence on Standard of Review» (2016) 66 UTLJ 555 and Diana Ginn, William Lahey, David Constantine and Nicholas Hooper, «How Has Dunsmuir Worked?

In declining to apply American jurisprudence on the subject, the majority noted: «Nor is there reason to consider the American authorities on state universities; Canadian universities. . .

All of our Supreme Court jurisprudence on freedom of expression and freedom of religion weigh against the law's constitutionality.

This is a useful compilation of the jurisprudence on this issue, but its location in the text and the level of detail seem out of place.

This has been palpably demonstrated in domestic jurisprudence on both sides of the Atlantic.

Our members are in a position to write these appellate briefs to assist courts in crafting new jurisprudence on reasonable attorney fees on a range of issues in a number of practice areas.

Panelists discuss recent class action jurisprudence on fee calculation methods, fee award factors, fee reductions and more.

The Court reviewed the jurisprudence on the enforceability of ESA - only termination provisions and noted the employee received more compensation than she would have under the ESA.

It is also inconsistent with the Constitution's underlying principles and Supreme Court of Canada jurisprudence on the scope of parliamentary sovereignty and the separation of powers.

Over the years, the Court has developed a complex jurisprudence on the topic of the effect to be given to the provisions of international treaties within the EU legal order.

In the determination, the Court of Appeal reiterated that the authoritative jurisprudence on the principle of special contribution is clearly provided by the House of Lords in the cases of Miller and Charman and that it was not open to the Court of Appeal to substitute any personal concepts of fairness for those reflected in the principles already laid down by previous authorities.

There is an urgent and pressing need for the jurisprudence on exclusionary discretion in the criminal courts to develop and provide some certainty.

I conclude that the jurisprudence on general Charter review and on s. 12 review of mandatory minimum sentencing provisions supports the view that a court may look not only at the offender's situation, but at other reasonably foreseeable situations where the impugned law may apply.

Justice Cronk writing for the unanimous Court summarized the jurisprudence on causation in accident benefits matters to that date:

By: Erin Sheley PDF Version: Criminal Negligence and the Reasonable Parent Case Commented on: R v Lovett, 2017 ABQB 46 (CanLII) In R v Lovett the Alberta Court of Queen's Bench added a new entry to the rapidly developing jurisprudence on... Continue reading →

While some insurance providers offer Trial Insurance across the country, Ontario and British Columbia have the most developed jurisprudence on issues surrounding its use.

This confirms its prior jurisprudence on the interpretation of Article 3 (1)(see Svensson and BestWater) but rejects the argument made by the AG that setting hyperlinks does not constitute an act of communication as the first element the provision.

The European Centre of Tort and Insurance Law has a EUROTORT database for «researchers as well as practitioners to access the vast wealth of jurisprudence on tort law throughout Europe in a single language (English) and with a standardized index system.»

This includes appellate court advocacy and practice, principles of appellate justice, appellate court jurisprudence on current issues, and legislative developments affecting the courts.

Justice Campbell rejected the University's position that the dispute was essentially about compensation, and relied on the previous jurisprudence on point.

There is more than ample clarity about current Canadian copyright law and jurisprudence on the subject of fair dealing.

Most of the jurisprudence on publication bans relates to the litigant seeking anonymity for themselves.

Nonetheless, other observers — to which I would count myself — have rather read the decision as the confirmation of the principles laid out by the Court in its previous jurisprudence on the topic (see also the coverage of the case on this blog).

Pelckmans will not excite those anticipating the next leap in the Court's jurisprudence on the scope the Charter.

Besides the proposals presented by the European Ombudsman on non-judicial redress, this chapter examines the scope and limits of Article 47 of the Charter, the ECtHR's jurisprudence on Article 13 ECHR, and especially whether non-judicial bodies might constitute effective remedies.

Nevertheless, novel as it may be, that addition to an already established line of jurisprudence on retail trading restrictions is the least remarkable aspect of the judgment.

Pursuant to the legal authorities which I have cited supra, and with particular reference to the albeit limited Irish jurisprudence on the topic, I am satisfied that, provided the process has sufficient transparency, Technology Assisted Review using predictive coding discharges a party's discovery obligations under Order 31, rule 12.

Reflecting recent jurisprudence on this question, this issue was characterized as one that vitally affects the interests of the class.3 Strathy C.J.O. reiterated that the factors are to be addressed cumulatively, and with an eye to the policy objectives of the class proceedings legislation.

[28] To recap, the Canadian Supreme Court jurisprudence on a material contribution approach to date may be summarized as follows.

With this ruling the Court implicitly confirms its jurisprudence on the special rule of jurisdiction under Article 7 (2) of Regulation No 1215/2012 (Brussels I Regulation (recast)-RRB- for online infringements of personality rights.