Sentences with phrase «of federal courts of appeals»

by the study by William Landes, Larry Lessig, and Michael Solimine, «Judicial Influence: A Citation Analysis of Federal Courts of Appeals Judges» [PDF].

Some states have intermediary appellate courts, which operate along the lines of the federal courts of appeals — resolving appeals arising from the state's lower courts.

In this most recent case the City of Burnaby was trying to get the support of the Supreme Court of British Columbia for an issue that it had already lost before the NEB and which, to put it in neutral terms, had failed to attract the interest of the Federal Court of Appeal.

The Prime Minister's Office announced this morning that the Honourable Mr. Justice Marshall E. Rothstein, currently a member of the Federal Court of Appeal, is the candidate to be interviewed as nominee for new member of the Supreme Court of Canada.

A decision last year of the Federal Court of Appeal stated a clear rule about the relationship between the patent office and patent agents: once a patent issues, most aspects of the patent application process are beyond challenge (Weatherford Canada Ltd. v. Corlac Inc., 2011 FCA 228):

If the judgment of the Federal court of Appeal is upheld in this case then the Guidelines in general, and those requiring the reasonable accommodation of physically handicapped people would be clearly ultra vires.

The decision of the Federal Court of Appeal was not released until April 13, 1983 some two weeks after assent had been given to the amendments to the Act.

If the judgment of the Federal Court of Appeal is upheld then the Guidelines would be clearly ultra vires.

Justice David Stratas of the Federal Court of Appeal gave an excellent talk at the Canadian Constitution Foundation's Law and Freedom Conference on January 8, 2016.

The judgment of the Federal Court of Appeal to the effect that the Canadian Human Rights Act «is not sufficiently comprehensive to include the effect of indirect discrimination» i.e. «discrimination in which there is neither discriminatory intention or motivation or differential treatment», is a matter of grave concern to COPOH.

The judgment of the Federal Court of Appeal to the effect that the Canadian Human Rights Act «is not sufficiently comprehensive to include the effect of indirect discrimination» i.e. «discrimination in which there is neither discriminatory intention or motivation or differential treatment», is a matter of grave concern to the Association.

[123] In that case, the court relied on the 1998 decision of the Federal Court of Appeal in Consolidated Canadian Contractors Inc. v. Canada.

The primary focus of the Federal Court of Appeal's decision was on the scope of the protection granted by the family status ground of discrimination in respect of childcare obligations.

In its review, the CJC said the judges — Justice Denis Pelletier of the Federal Court of Appeal, and Chief Justice Eugene Rossiter and Justice R.S. Bocock of the Tax Court of Canada — had done nothing wrong.

John B. Laskin, a partner at Torys LLP, has been appointed a judge of the Federal Court of Appeal, replacing Justice E.R. Dawson.

All three appeals are of decisions in criminal cases, including an appeal of a Federal Court of Appeal decision on the use of prison assessment tools on aboriginal inmates.

The final version of the paper has been posted in both official languages on the web sites of the Federal Court of Appeal and the Federal Court.

A recent decision of the Federal Court of Appeal may create challenges for employers in discharging their obligation to conduct periodic inspections of the work place.

The Prime Minister asks this Court to reverse the decision of the Federal Court of Appeal requiring the Canadian government to request the United States to return Mr. Khadr from Guantanamo Bay to Canada.

In addition to his experience acting for and before administrative tribunals, Michael is a past law clerk to a Judge of the Federal Court of Appeal, and is the co-author of the legal reference text Standards of Review of Federal Administrative Tribunals, published by Butterworths.

Readers of this blog, and others who follow Canadian politics and law, will know that there is some controversy surrounding the appointment, by the Prime Minister of Canada, of Mr. Justice Nadon, of the Federal Court of Appeal (FCA), to the Supreme Court of Canada to fill the vacant Quebec position.

Nadon, a judge of the Federal Court of Appeal, was appointed as one of three jurists that the law requires comes from Quebec.

Decisions of the Federal Court of Appeal and of the Federal Court published in the official reports since 1993 are also available on the Web site.

As a judge of the Federal Court of Appeal, Nadon was not a judge of either of the Quebec Courts referenced in the Supreme Court Act.

In a recent decision, Justice Stratas of the Federal Court of Appeal raised a host of questions about the applicability of the Supreme Court of Canada's re-shaping of judicial review doctrine to decisions taken by discretionary decision - makers: [19] I am inclined to find that the Director is subject to this «normal» or -LSB-...] Read more

One of the drafters of the Charter was, at the time, Federal Assistant Deputy Minister of public law, Mr. Barry Strayer, Q.C. who later went on to become a much respected judge of the Federal Court of Appeal.

This week, the Supreme Court of Canada will hear four appeals, including Rocco Galati's constitutional challenge of Federal Court of Appeal Justice Robert Mainville to the Quebec Court of Appeal, as well as a business appeal that will determine whether patent proceedings can be used to delay expiry.

Marc Noël, a former tax lawyer and judge of the Federal Court of Appeal, has been appointed chief justice of the appeal court.

«[4] In our view, the answer to this question is no: a current judge of the Federal Court of Appeal is not eligible for appointment under s. 6 as a person who may be appointed «from among the advocates of that Province».

Mr. Justice Marshall Rothstein of the Federal Court of Appeal has been nominated by Prime Minister Harper to fill the vacancy on the Supreme Court of Canada.

He remains a supernumerary judge of the Federal Court of Appeal.

He explains, «I have suggested that weighting the number of decisions of a federal court of appeals by the number of citations to those decisions by other courts of appeals, which is to say courts not bound as a matter of stare decisis to follow the cited court's decisions, yields a meaningful measure of judicial output.»

The TransCanada decision came only a few days after the decision of the Federal Court of Appeal ordering the federal government to renegotiate the terms under which the Trans Mountain pipeline crosses a First Nations reserve in British Columbia, raising new questions about the fate of Kinder Morgan Inc.'s federally approved plan to expand the pipeline.

The recent judgment of the Supreme Court of Canada in Armada Lines Ltd. v. Chaleur Fertilizers Ltd. overturned the decision of the Federal Court of Appeal.

A recent case in front of a federal court of appeals illustrates this concept.

[54] On the other hand, the position of the Federal Court of Appeal, which held that the tribunal was answering a question of general law of central importance to the legal system as a whole, seems equally plausible.

From October 2006 to December 2009, he served as a judge of the Federal Court of Appeal.

He served as law clerk to Mr. Justice John Evans of the Federal Court of Appeal of Canada.

But the personality and character of a federal court of appeals inevitably derive over time from its active judges, who sit together year after year in randomly selected panels of three and who, sitting together en banc, are the only organ of the court authorized to overrule published panel decisions.

In 2012, the moot was named after the late Chief Justice of the Federal Court of Appeal, Julius Alexander Isaac, the first Black judge to sit on the Federal Court of Canada.

The question had been resolved by a previous decision of the Federal Court of Appeal.

Last month, the Supreme Court of Canada granted leave to appeal a judgment of the Federal Court of Appeal that overturned a determination of the Public Service Labour Relations and Employment Board (the «PSLREB») that not compensating employees for on - call hours violated section 7 of the Canadian Charter of Rights and Freedoms (the «Charter»).

David and his team had written a bulletin at the time of the Federal Court of Appeal decision, which you can read here.

Justice Webb of the Federal Court of Appeal dismissed the motion.

This time, a six - to - one majority of the Court has ruled that the Prime Minister's attempt to appoint Mr. Justice Marc Nadon, a supernumerary justice of the Federal Court of Appeal who, prior to his appointment to the Federal Court, had been an advocate of the Province of Quebec for more than 10 years, was not constitutional and his swearing in was void.

The Honourable Joseph T. Robertson, Q.C., formerly of the Federal Court of Appeal (1992 - 2000), the New Brunswick Court of Appeal (2000 - 2014) and Jurist - in - Residence with the Faculty of Law, University of New Brunswick (2014 - 2017).

Mr. Justice Stratas of the Federal Court of Appeal recently described administrative law as a machine that... has many moving parts, the interrelationship of which often is not understood....

The court's decision appeared to be rooted in respect for the Constitution and the integrity of the Supreme Court Act, but some questioned why a judge of the Federal Court of Appeal, especially one appointed to reflect a Quebec perspective, would ever be considered ineligible for one of the province's seats on the Supreme Court.

As a member of the Federal Court of Appeal just prior to his appointment on Friday, Mainville J.A. is not currently a member of the Quebec bar.

On September 30, 2013, the Prime Minister announced the nomination of Mr. Justice Marc Nadon, a supernumerary judge of the Federal Court of Appeal, to the Supreme Court of Canada.