at p. 734, «the diversity of possible scenarios in family law dictates that courts maintain a flexible standard
of judicial discretion which does not artificially limit the adaptability of the
As was stated by L'Heureux - Dube J. in Willick at p. 734, «the diversity of possible scenarios in family law dictates that courts maintain a flexible standard
of judicial discretion which does not artificially limit the adaptability of the Divorce Act provisions».
Most importantly, however, and notwithstanding the above observations, while the onus of proving the sufficiency of the change in condition, means, needs or other circumstances rests upon the applicant (Payne, supra, p. 217), the diversity of possible scenarios in family law dictates that courts maintain a flexible standard
of judicial discretion which does not artificially limit the adaptability of the Divorce Act provisions.
p. 217), the diversity of possible scenarios in family law dictates that courts maintain a flexible standard
of judicial discretion which does not artificially limit the adaptability of the
Not exact matches
While the factors that are examined are similar to the Brunner test, they include additional data
which allows for greater
judicial discretion and leads to a higher likelihood
of student loans being discharged.
The legislation,
which limits
judicial discretion to grant extra credit for pre-sentence custody, restricts judges» power to address certain inequities in the administration
of justice, such as -LSB-...]
Based upon complaints filed by, among others, Washington DC based
Judicial Watch, the Commission had sought to remove Judge Kendall from the bench on the basis
of criticisms
of his bail and sentencing decisions in specific cases, none
of which had ever been appealed and each
of which was soundly within his legal
discretion.
Bob: I think you raise an interesting point regarding «maximum sentences» as an equally dangerous fetter on the freedom
of judicial discretion and yet I can't honestly think
of a single example
of a case in
which a crown has said «I wish the maximum sentence was higher so I can seek out a «fair» sentence.»
An experienced family law attorney can work discuss the relevant factors with you to help weigh the probabilities
of the outcome,
which still involves a lot
of judicial discretion.
All noted commentary has stressed the importance
of anti-SLAPP legislation providing a process for the efficient identification and dismissal
of applicable cases, while at the same time, providing sufficient
judicial discretion to allow for the variety
of circumstances under
which it will be applied.
Canadian courts have continued to expand the principles
of fundamental justice since B.C. Motor Vehicles Reference, adding new (and yet somehow fundamental) principles, some
of which have invited a great deal
of uncertainty and
judicial discretion, such as the principle that laws should not be «over-broad.»
When making a
judicial determination on the allocation
of litigation costs, two decisions fall to the deciding judge under Civil Procedure Rule (CPR) 44.2: establishing
which of the litigating parties is the «winner», and applying
judicial discretion to determine any discounts or changes to awarded costs necessary to reflect elements
of the case.
They are: to give judges
discretion on whether to grant permission for a challenge if they are
of «exceptional public interest»; and to allow
judicial committees to decide the level at
which individuals who fund cases will have to be identified.
The appeal raises one main question: whether the three factors
which courts are to consider in deciding the standing issue are to be treated as a rigid checklist or as considerations to be taken into account and weighed in exercising
judicial discretion in a way that serves the underlying purposes
of the law
of standing.
Work v Gray provides little further guidance on how
judicial discretion should be exercised when considering the issue
of special contribution, beyond the principles
which have already been set out in previous cases.
matter
of principle based on the doctrine
of separation
of powers as well as a matter
of policy founded on the efficiency
of the system
of criminal justice»
which also recognizes that prosecutorial
discretion is «especially ill - suited to
judicial review»... (cites omitted)
Judicial non-interference with prosecutorial discretion has been referred to as a «matter of principle based on the doctrine of separation of powers as well as a matter of policy founded on the efficiency of the system of criminal justice» which also recognizes that prosecutorial discretion is «especially ill - suited to judicial review»... (cites
Judicial non-interference with prosecutorial
discretion has been referred to as a «matter
of principle based on the doctrine
of separation
of powers as well as a matter
of policy founded on the efficiency
of the system
of criminal justice»
which also recognizes that prosecutorial
discretion is «especially ill - suited to
judicial review»... (cites
judicial review»... (cites omitted)
In October, Senate Judiciary Committee Chairman Chuck Grassley, R - Iowa, announced he and a bipartisan group
of senators were reintroducing the Sentencing Reform and Corrections Act,
which would overhaul prison sentences for nonviolent drug offenders and allow for more
judicial discretion during sentencing.
Given the keen interest
of the diverse parties following this litigation closely, and the potential learning value
of this case to a broad audience beyond, this case presents an ideal instance in
which judicial discretion should be exercised under the auspices
of the rule to admit Internet to the courtroom.
As an aside, on granting permission to appeal (as an application for permission to appeal had to be issued as the Judge had rejected the oral application for permission to appeal at the original hearing), the Court
of Appeal had recognised that it was unusual for an exercise
of judicial discretion to be appealed but stated that the decision
of His Honour Judge Purle QC was highly speculative as to «border on the Micawberism» (
which those
of you versed in classic literature will recognise as a reference to a character in the Charles Dickens novel, David Copperfield, who continually holds blind faith that «something will turn up»).
The letter states the NFL is offering its «full support»
of the Sentencing Reform and Corrections Act
of 2017,
which seeks reforms and targets enhanced mandatory minimums for prior drug felons, increases
judicial discretion for sentencing, and reforms enhanced mandatory minimums and sentences.
In Raggett v (1) Society
of Jesus Trust 1929 for Roman Catholic Purposes (2) Preston Catholic College Governors [2010] EWCA Civ 1002, [2010] All ER (D) 116 (Aug) it was held that in a sexual abuse claim where the abuse was historic, the order in
which the judge approached issues
of liability and limitation did not affect the substance
of an overall assessment as to whether it was appropriate to exercise
judicial discretion under the Limitation Act 1980, s 33 to disapply the limitation period.
The leading authority as to the exercise
of judicial discretion in these situations is Sandwell MBC v Hensley [2008] HLR 22
which states: before deciding to grant an SPO the court must be satisfied that there is a sound basis that the tenant will observe the terms
of the tenancy agreement in the future.
The new Courts Law essay comes from new JOTWELL contributor Pamela Bookman (Temple), reviewing Robin Effron, Ousted: The New Dynamics
of Privatized Procedure and
Judicial Discretion (B.U. L. Rev. forthcoming), which describes how private procedure and judicial control come t
Judicial Discretion (B.U. L. Rev. forthcoming),
which describes how private procedure and
judicial control come t
judicial control come together.
The determination
of public interest standing relates directly to the effectiveness
of process, and is therefore particularly appropriate for
judicial discretion,
which therefore should not render the test for public interest standing a strict technical requirement.
Sally O'Neill QC, chairman
of the Criminal Bar Association, says her organisation supports any move to reconsider the current sentencing policy
which is «far too prescriptive and allows insufficient use
of judicial discretion».
It goes further by allowing, subject to
judicial discretion, evidence
of disposition
which falls short
of a conviction or acquittal but represents a type
of behaviour, referred to as «other reprehensible behaviour» within CJA 2003.
Rix LJ cited with approval a passage in De Smith's
Judicial Review (6th edition, 2007, at paras 10 - 065ff) and headed: Policy and Bias,
which noted that decision - makers are entitled «to exhibit certain kinds
of bias in the exercise
of their judgment or
discretion on matters
of public policy» and while ordinary members
of legislative bodies are «entitled, and sometimes expected, to show political bias» they
of course ought not to show personal bias or participate in decisions on a matter in
which they have a private pecuniary or proprietary interest.
The Committee is concerned by the government bill in
which it would be stated, contrary to a
judicial decision, that ratification
of human rights treaties does not create legitimate expectations that government officials will use their
discretion in a manner that is consistent with those treaties.
At the
discretion of the Board
of Directors
of the Board
of which the award recipient, or the beneficiary
of a settlement agreement, is a member, the Board may support the request for
judicial enforcement in the court and, at the further
discretion of the Board
of Directors, reimburse the award recipient / beneficiary for costs incurred in seeking such enforcement if the courts do not award reimbursement
of such costs.