Sentences with phrase «jurisprudence regarding»

«As the present proceedings demonstrates, there is conflicting jurisprudence regarding the extent to which a third party can be required to comply with a consultation process where the Crown indicates to the third party that it views this as appropriate, notwithstanding a statutory right to proceed otherwise,» wrote Superior Court Justice Herman Wilton - Siegel.

The following is an overview of United States Supreme Court jurisprudence regarding capital punishment.

Nevertheless, it is fair to say that the evolving jurisprudence regarding overpayments has made it more difficult for insurers to recover overpayments.

Overturning the Alberta Reference, the majority acknowledged that the jurisprudence regarding s. 2 (d) of the Charter has evolved since then to embrace a generous approach to the freedom of association guarantee in the field of labour relations.

The Supreme Court's jurisprudence regarding laws regulating socially important speech is separated into two categories, created to separate the way the law affects speech.

Entertainment & Media Law Signal Enforceability of Depiction Releases Redux — MHR Board Game Design v CBC Whatever else one might want to say about the CBC television series Dragons» Den, this much is indisputable: no other television show in Canadian history has been as important for advancing the state of Canadian jurisprudence regarding the enforceability of depiction releases.

Here is an excellent (and extensive) explanation of jurisprudence regarding the «good faith exception» to the admissibility of evidence found due to an error.

In three separate Court decisions delivered recently, the state supreme court strengthened the jurisprudence regarding both expressed consent as well as the ability for law enforcement to take blood in order to perform alcohol testing on drivers suspected of driving under the influence.

The principle of local control has also played a pivotal role in the U.S. Supreme Court's jurisprudence regarding school finance reform.

Not exact matches

The judgment is useful as it complements the previous jurisprudence of the Court regarding this issue and adds further details on the notion of dependence which is particularly important in the field of immigration law.

«My position is that that is a sound development of the jurisprudence,» he says, and given the priority that must be paid to child welfare, «it is appropriate to impose obligations on people regarding their treatment of children.»

Having regard to the jurisprudence of the ECtHR (as required HRA 1998, s 2), and in particular the decisions in Engel v The Netherlands (No. 1)(1976) 1 EHRR 647 and Guzzardi v Italy (1980) 3 EHRR 333, Lord Hope noted that the cumulative effect of the authorities showed: ``... that it is not enough that what was done could be said in general colloquial terms to have amounted to a deprivation of liberty.

In this regard, this case follows some earlier ones, which are sometimes referred to as the «high water mark» of RCD jurisprudence, in which conduct was not required to be expressly mandated in order for the doctrine to apply (particularly, the Jabour case: Canada (Attorney General) v. Law Society (British Columbia), 1982 CarswellBC 133 (S.C.C.)-RRB-.

The Court's reasoning is hardly convincing in this regard, as problems of conflicting jurisprudence and dangers for the EU's supranational structure can not emerge when an international court is granted more far - reaching jurisdiction than the EU courts (AG view, para 193).

However, would it be better regarded as a stark illustration of the limits of developing equality jurisprudence?

With regard to the Strasbourg jurisprudence, Baroness Hale remarked that such decisions were «fact - specific».

The S.C.C. has its own jurisprudence and practice / protocol with regard to intervening in that particular Court, so probably not, but we'll see — qui vivra, verra.

As a lawyer, it concerns me that my client could potentially have costs awarded against him or her where the best advice I could give regarding the likely outcome, based on the existing jurisprudence, is so qualified, so uncertain.

The decision engages with the jurisprudence emanating from other Canadian appellate courts, the U.K., and the U.S., regarding entitlement to such damages under survival of actions statutes.

Our judges would regard as odd the debate between Justices Tony Kennedy and Nino Scalia about whether American jurisprudence could profit from a dialogue with foreign law.

Having regard to the jurisprudence of the European Court of Human Rights, where parties have voluntarily entered into an arbitration agreement they are to be treated as waiving their rights under Art 6 of the European Convention on Human Rights (the Convention).

Bingham categorically concludes: «I can not accept that the use of protective measures is compatible with the jurisprudence of the Strasbourg court» regarding point (iv).

If the Court can reach back to the 19th century and to common law to deal with the jurisdiction of the CRTC in 2012 concerning the internet, then it would not be surprising if it were to do so regarding the K - 12 fair dealing case, for example, in which I and Prof. Ariel Katz filed an intervener brief urging consideration of important 19th century common law jurisprudence.

Part I argues that enforcing agreements or consent forms does not take into account studies and jurisprudence that call into question whether parties are in a position to make autonomous, informed decisions regarding embryo disposition prior to undergoing IVF treatment.

Aside from the apparent procedural novelties involved in compelling an affidavit (or oral testimony) for its summary judgment motion (where recent SCC jurisprudence favouring summary judgment may assist), there is the added complexity of compelling the patent examiner (or another CIPO representative) to provide specific evidence regarding a particular patent.

She contended, inter alia, that the standard of proof required at an inquest before a verdict of unlawful killing could be reached was proof to a lesser standard than beyond reasonable doubt, having regard to Strasbourg jurisprudence.

I used to teach Jurisprudence... a subject, sadly, which many universities now consign to the larder of obscure options and which legal regulators appear no longer to regard as a subject which will help the young lawyer become an expert in conveyancing, prosecuting and defending criminals or become a highly paid maven on mergers and acquisitions or... indeed....

Of particular note in this regard is the jurisprudence and general comments of the Human Rights Committee (HRC) on the content and scope of Article 27 of the ICCPR, the meaning of equality and non-discrimination in Articles 2 and 26 of the Covenant, and the application of Article 1 of the Covenant to Indigenous peoples; and various decisions, concluding observations and General Recommendations (particularly General Recommendation 26 on Indigenous Peoples)(xviii) of the Committee on the Elimination of Racial Discrimination (CERD).

Legal jurisprudence urges caution regarding the use of judicial interviews as a method of ascertaining the views and preferences of children in family law litigation.