Sentences with phrase «meet its burden of proof with»

The Panel determined that Canada had failed to meet its burden of proof with respect to its legitimate expectations as medical evidence regarding the carcinogenic properties of asbestos was extensive by that time of the Uruguay negotiations and Canada should have foreseen future acts to ban asbestos products.

Not exact matches

It is contrary to Hartshorne's approach to rest content with the merely negative conclusions that the theist has failed to meet a procedural burden of proof (à la Antony Flew) or even that the skeptic has failed to defeat the theist's own supposedly properly basic beliefs (à la Alvin Plantinga).

The appellate court found that the declarations were detailed, augmented by also including verified time statements — no problem in substantiation, with the defense not having to introduce salary surveys to meet a fee petition burden of proof.

The defence counsel is relying on the fact that guards did not follow strip search procedures prior to the inmates meeting with Gravesande and on the judge's error in applying the law of burden of proof laid on the Crown.

Even if the alleging parent meets their burden of proof, the parent with blindness can show that the use of supportive parenting services will alleviate any dangers to the child.

That the Native Title Act be amended to shift the burden of proof to the respondent once the applicant has met the requirements of the registration test, in line with the discussion of this issue in this submission.

301 («In all civil actions and proceedings... a presumption imposes on the party against whom it is directed the burden of going forward with evidence to rebut or meet the presumption, but does not shift to such party the burden of proof in the sense of risk of nonpersuasion.»)

2d 651) holding that no cause of action exists under the Property Condition Disclosure Act; court finds buyer entitled to $ 500.00 credit under RPL § 465 (1) where seller delivered an incomplete Property Condition Disclosure Statement; seller failed to perform the duty to deliver a Disclosure Statement pursuant to the PCDA when the statement was incomplete; cause of action exists under RPL § 462 (2) for willful failure to perform the requirements of the PCDA where (i) a deliberate misstatement or misstatements in a fully completed and timely delivered PCDS regarding the defective condition complained of (ii) that would tend to assure a reasonably prudent buyer that no such condition existed, and (iii) which a professional inspector might not discover upon an inspection of the premises that would meet generally accepted standards in the trade; definition of «willful failure to perform» acknowledges legislative intent not to alter the respective burdens of the buyer and seller in the transactions; statutory cause of action replaces buyer's burden of having to plead and prove the seller's active physical concealment of the condition with proof that the misstatement about the condition on the PCDS was deliberate