Sentences with phrase «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.

People who are not lawyers have difficulty accessing case law and practice resources and are unlikely to be aware of the legal tests that may be applicable to their position.

The discriminatory nature of these legal tests is discussed in detail in my Native Title Report 2002.

[21] The deputy judge failed to consider a required element of the legal test and this was an error of law to which the standard of correctness applies.

According to the court, Potter also satisfied the second part of the legal test for constructive dismissal, which is whether a reasonable person in his position would have felt the essential terms of the employment contract were being substantially changed.

In Victoria the Guidelines for Proof of Native Title provides a flexible approach to the application of legal tests as a threshold to negotiations.

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):

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.

Despite this finding, as required by our Charter under s. 1 and in so many of our legal tests, it is the balancing between government and individual rights which results in the courts» upholding the government's right to allocate public space.

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.

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.

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.

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.

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.

Where an alleged error of mixed fact and law can be attributed to the application of the wrong legal standard, element of the legal test, or error in principle, the error may be characterized as an error of law and is subject to the standard of correctness.

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).

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.

Where, however, an alleged error «can be attributed to the application of an incorrect standard, a failure to consider a required element of a legal test, or similar error in principle, such an error can be characterized as an error of law, subject to a standard of correctness»: Mace v Dirk, 2006 ABCA 106 (CanLII) at para 20, 412 AR 207, citing Housen at para 36.

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.