Sentences with phrase «many of our legal tests»

The principal error in the arbitration decision was the application of a legal test that was too stringent and unreasonably narrowed the evidence of a drug and alcohol problem at Suncor's workplace.

Researching and reading the records so we know the facts backwards and forwards, and know what legal tests to plug those facts into, and know where the law is, what splits exist, and whether our courts» application of those legal tests is correct or needs finessing.

This finding is a proper application of the legal test.

There is no arguable case that the Agency erred in its application of the legal test in this respect.

Although the Court of Appeal did not find that Judge Lenehan had erred in law by stating that «a drunk can consent», his application of the legal test for a person's capacity to consent to sexual activity was a legal error.

In overturning Justice Campbell's decision, the Court of Appeal also applied the Weber principle, and adopted the British Columbia Court of Appeal's articulation of the legal test (Parry Sound in British Columbia Teachers» Federation v. British Columbia Public School Employers» Association, 2005 BCCA 92 (CanLII), 136 L.A.C. (4th) 225, leave to appeal to SCC refused, [2005] S.C.C.A. No. 180):

Legal errors made in the course of contractual interpretation include the application of an incorrect principle, the failure to consider a required element of a legal test, or the failure to consider a relevant factor.

Legal errors made in the course of contractual interpretation include «the application of an incorrect principle, the failure to consider a required element of a legal test, or the failure to consider a relevant factor» (King, at para. 21).

NAF Comment: A key part of the legal test for unprofessional conduct is the whether the conduct lowers the reputation of the profession in the eyes of a reasonable and informed person.

The Director appealed the decision to the B.C.C.A and argued the judge erred in his application of the legal test that governs when a wiretap packet can be unsealed for a non-accused person.

Family law problems are not resolved by the application of legal tests with bright lines; each family law problem is different and, regardless of precedent, is resolved by the application of general principles to the unique circumstances of the particular family before the court.

Although the weighing exercise set out by Auld LJ essentially accords with Huang, it was still surprising to see exceptionality being used as part of a legal test.

It appears that the phrase «very small minority» merely replaced «truly exceptional» as one of the legal tests for whether a delay case can succeed.

In a unanimous decision, the Supreme Court decided in favour Kiselbach and SWUAV and laid out a more flexible version of the legal test for courts deciding whether to grant public interest standing in future.

[7] While consideration of such alternative systems is beyond the scope of this Report, they must be seriously considered in view of the legal tests established to gain recognition of native title and the difficulty of changing the fundamental assumptions of these tests within the current system as it is governed by the NTA.

Not exact matches

Fiat Chrysler's stock fell the most after Reuters reported in the previous session that the European Union would begin legal action against Italy for not policing allegations of emission test cheating by the car maker.

But the developments on Monday make it clear that, as this and the other threads surrounding the multiple investigations into Trump and his associates continues, the boundaries of legal precedent are being tested in ways unlike any other point in modern history.

Just four states — California, Nevada, Florida and Michigan — and Washington, D.C., have formally opened public streets to testing of self - driving cars, though testing is probably legal nearly everywhere (because it is not expressly banned).

Top executives at Uber used the encrypted chat app Wickr to hold secret conversations, current and former workers testified in court this week, setting up what could be the first major legal test of the issues raised by the use of encrypted apps inside companies.

Actual results and the timing of events could differ materially from those anticipated in the forward - looking statements due to these risks and uncertainties as well as other factors, which include, without limitation: the uncertain timing of, and risks relating to, the executive search process; risks related to the potential failure of eptinezumab to demonstrate safety and efficacy in clinical testing; Alder's ability to conduct clinical trials and studies of eptinezumab sufficient to achieve a positive completion; the availability of data at the expected times; the clinical, therapeutic and commercial value of eptinezumab; risks and uncertainties related to regulatory application, review and approval processes and Alder's compliance with applicable legal and regulatory requirements; risks and uncertainties relating to the manufacture of eptinezumab; Alder's ability to obtain and protect intellectual property rights, and operate without infringing on the intellectual property rights of others; the uncertain timing and level of expenses associated with Alder's development and commercialization activities; the sufficiency of Alder's capital and other resources; market competition; changes in economic and business conditions; and other factors discussed under the caption «Risk Factors» in Alder's Annual Report on Form 10 - K for the fiscal year ended December 31, 2017, which was filed with the Securities and Exchange Commission (SEC) on February 26, 2018, and is available on the SEC's website at www.sec.gov.

Tree — who said the policy change restored a price support for growers by reintroducing a «federal risk premium» — told Business Insider that while consumers in states were marijuana was legal were probably used to a high - quality and tested product, he suspected cracking down on legal marijuana production and sales would incentivize trafficking of lower - quality marijuana to states where the drug is still illegal.

The case is seen as a new test for Norway's legal system, as the country tries to forget the name of the perpetrator behind the deadliest carnage on its soil since World War II.

David Boies, Theranos» outside legal counsel, told the Journal that CMS chose to do its inspection on the area where the company did most of its tests, i.e.: «the room that processed over 90 % of the samples at the time.»

While no suit has been officially filed, bidding documents from the Attorney General's office indicate that the state is preparing to hire outside counsel for «commencing legal action against Theranos, Inc. and its closely related subsidiaries for violations of the Arizona Consumer Fraud Act arising out of Theranos Inc.'s long - running scheme of deceptive acts and misrepresentations relating to the capabilities and operation of Theranos blood testing equipment.»

The three states have lists of pesticides that are OK to use on marijuana, but so far none is conducting regular tests for banned pesticides, which has raised public health worries even though there's little or no indication of people becoming ill because of pesticides in legal marijuana products.

According to a legal opinion letter released in the New York litigation, Wisconsin follows a «predominance test» in which the relative levels of skill and chance are measured to determine if the contest is permissible.

According to a legal opinion letter released in the New York litigation, Pennsylvania follows a «predominance test» in which the relative levels of skill and chance are measured to determine if the contest is permissible.

According to a legal opinion letter released in the New York litigation, Ohio follows a «predominance test» in which the relative levels of skill and chance are measured to determine if the contest is permissible.

According to a legal opinion letter released in the New York litigation, Nebraska follows a «predominance test» in which the relative levels of skill and chance are measured to determine if the contest is permissible.

According to a legal opinion letter released in the New York litigation, Wyoming follows a «predominance test» in which the relative levels of skill and chance are measured to determine if the contest is permissible.

«This is a lesser standard than the predominance test and effectively makes it more difficult to offer skill - based gaming,» wrote the author of a different 2013 legal opinion letter.

The DOL's former head of wage enforcement, David Weil, recently suggested that weighing whether gig economy workers should be classified as employees or independent contractors is not so different than making the same determination for workers at brick - and - mortar businesses.84 Existing legal tests to determine whether a worker is an employee or an independent contractor are multifactor, fact - based exercises based on the level of control a company exerts over the workers in question.

According to a legal opinion letter released in the New York litigation, North Carolina follows a «predominance test» in which the relative levels of skill and chance are measured to determine if the contest is permissible.

According to a legal opinion letter released in the New York litigation, Kentucky follows a «predominance test» in which the relative levels of skill and chance are measured to determine if the contest is permissible.

In 1990, the Supreme Court of Canada had created a sophisticated legal test on workplace anti — discrimination claims, but, as the Court acknowledged in Tawney Meiorin's case, this test had proven to be complicated and challenging to use.

On Twitter, the New York Times» Nathaniel Popper said that the firms apparently argued for a «safe harbor,» essentially a measure of legal immunity while the fledgling blockchain and cryptocurrency industry tests its wings.

It would be the state's first legal test over whether a borrower can sue a bank for breach of contract after the lender rejected a loan revision when the borrower satisfied a government - supported mortgage - conversion program, the judge wrote.

Bay Area Corporate Counsel of the Year Conor French reveals how he stays calm in the face of challenges that put his legal expertise and businesses sense to the test.

There is a strong legal argument for why some of the tokens that have come after BTC are not securities, but many other tokens that have popped up over the past 18 months look more like a security as defined by the Howey Test.

When your venture aims to do something no one has done before — in our case, develop and commercialize the first - ever in vitro diagnostic blood test to aid in the evaluation of patients with suspected TBI, also known as concussion — you want an attorney and a law firm that will take the time to understand your unique needs and clear legal roadblocks before you can even anticipate them.

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I was just telling my wife yesterday that there is coming a time, and it may be very soon, where the forti.tude of every Christian will be tested to see if his faith will stand in the face of legal implications.

Most of the time, the just war tradition is used to test a particular war (or a strategy or a weapon) for its moral and legal acceptability.

A number of parents threatened the school with legal action over the summer after their children were prevented from beginning their second year of A-levels because they didn't achieve at least three B - grades in their first year tests.

The test of judicial fitness could hardly be put more starkly: «The issue is too important to American society — and Mr. Clinton's promise too clear — to fiddle around with judicial candidates who don't have a forthright record of legal and moral support for the constitutional right to abortion.»

If societies like the United Kingdom, Canada, Sweden, Luxembourg, France, United States, and New Zealand are known in advance to be (1) highly complex, (2) highly developed legally, and (3) religiously plural, it is not much of a test to determine if legal development and societal complexity are strongly related in religiously plural societies.

Atty. Zelda Soriano, Legal Counsel for the Petitioners discussed the grounds on which the appellate court based their favorable decision, which includes the main argument of the petitioners that the field testing is characterized by «serious scientific uncertainty with regard to its health and environmental effects.»

In doing so, the Federal Government always pursued the goal of reaching a compromise proposal that builds on tried and tested foundations, whilst also providing answers to the specific new challenges of the globally booming organic sector since it regards the safeguarding of a clear, appropriate and reliable EU legal framework as a key instrument in efforts to promote organic agriculture.

If the ACCC is satisfied that the relevant legal test is met and grants authorisation, this removes the risk of legal action under the competition provisions.

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»)