Sentences with phrase «particular upon this court»

[16] The appellant relies in particular upon this court's decision in Chutter v. Chutter, 2008 BCCA 507, wherein Madam Justice Rowles, for the Court said, in considering a claim for compensatory spousal support:

Not exact matches

Every decision is a balancing exercise, and the court's decision will depend upon the particular circumstances of each case (Warren and others v HM Attorney General of the Bailiwick of Jersey [2011] 2 All ER 513, at [24]-RRB-.

The Court further pointed out that as «the duration of an asylum procedure may be relevant and that, in particular in periods of substantial surges in applications for international protection, the time laid down by EU law are often exceed it» making the right to family reunification depend upon the moment when the asylum procedure is closed would de facto have the effect of nullifying that right and the protection under Article 10 (3)(a)(para 57).

Since its group of leading appellate legal representatives probably made it based upon their expertise in appellate law normally, this list is far from Supreme Court particular.

Basically, facts that are not in dispute (either because the parties agree upon them or because application of the law to the facts dictates a particular result) are presented to the court, and then the court must decide if the case can move forward.

Depending upon the particular campaign finance law involved, which isn't clearly specified, there might be a criminal penalty (either a misdemeanor or a minor felony) as well, which could give rise to a probation sentence, a sentence to some period of incarceration, a period of post-release parole, criminal fines, court costs, and, at least in the case of a felony, some collateral consequences of that conviction such as a prohibition on owning a gun and ineligibility for many occupations and jobs.

Legal principle must try «to keep the law abreast of the society in which [the judges] live and work»: «If the law should impose upon the process of «growing up» fixed limits where nature knows only a continuous process, the price would be artificiality and a lack of realism in an area where the law must be sensitive to human development and social change... Unless and until Parliament should think fit to intervene, the courts should establish a principle flexible enough to enable justice to be achieved by its application to the particular circumstances proved by the evidence placed before them.»

Under such circumstances, the particular retainer of services would be limited to the court appearance alone, and would be deemed as coming to an end upon the conclusion of that court appearance on that particular day.

In determining that the BLM pin was inappropriate, the Ohio court relied upon a First Circuit Court of Appeals case where a judge required an attorney remove a button advocating a particular political position on pending legislacourt relied upon a First Circuit Court of Appeals case where a judge required an attorney remove a button advocating a particular political position on pending legislaCourt of Appeals case where a judge required an attorney remove a button advocating a particular political position on pending legislation.

It has been held in this ruling of the Constitutional Court that the doubts concerning the compliance of the impugned legal act with the Constitution raised in the petitions the petitioners — a group of members of the Seimas and the Vilnius Regional Administrative Court — are related, inter alia, to the fact, how it is defined who are citizens of the Republic of Lithuania, what legislative possibilities for citizens of the Republic of Lithuania also to hold citizenship of another state there are, how the relations of loss of citizenship of the Republic of Lithuania are regulated (in particular, upon acquisition of the citizenship of another state).

On this basis, the Court found two flaws in the Board's reasoning: (1) that the Board had the jurisdiction to «fix» a particular alternative parkland dedication rate; and (2) that the Board could take it upon itself to fix:

(7) The Court of Appeal should not refuse to overturn a decision on the basis of precedent, or stare decisis, because leave to appeal to the Supreme Court of Canada is not automatic and Canada's highest court can not therefore be relied upon to resolve any inconsistencies that result from differing rulings by the Court of Appeal on a particular iCourt of Appeal should not refuse to overturn a decision on the basis of precedent, or stare decisis, because leave to appeal to the Supreme Court of Canada is not automatic and Canada's highest court can not therefore be relied upon to resolve any inconsistencies that result from differing rulings by the Court of Appeal on a particular iCourt of Canada is not automatic and Canada's highest court can not therefore be relied upon to resolve any inconsistencies that result from differing rulings by the Court of Appeal on a particular icourt can not therefore be relied upon to resolve any inconsistencies that result from differing rulings by the Court of Appeal on a particular iCourt of Appeal on a particular issue.

It is often relied upon by the courts when interpreting how the legislation applies in a particular context.

It rather focused on the most immediate issue faced by the Court in this particular case: which is the intensity of the judicial review that can be exercised upon the choice of the EU legislator when conferring powers on the Commission?

In Reasons issued on behalf of a unanimous court, Justice LeBel reiterated that jurisdiction must be based upon a «real and substantial connection» between a particular forum and the subject matter of the litigation and that the determination of whether there is such a connection must not be a matter of pure judicial discretion but, rather, be based upon a clear set of presumptive factors that will be applied to whether the courts of a particular province can take jurisdiction.

Although Courts will sometimes order insurers to defend or pay claims, the Court's decision will inevitably depend upon the precise wording of the applicable policy, and the facts of the particular case.

Due to the fact that its group of leading appellate legal representatives probably made it based upon their expertise in appellate law usually, this list is far from Supreme Court particular.

upon application from a court of another Member State with which the child has a particular connection, in accordance with paragraph 3.

The question of whether a scanned copy of a document is acceptable evidence in a court proceeding or bureaucratic procedure depends upon the rules and laws of each particular country and private organization that requires you to produce records.

Administrative law — Judicial review — Municipal law — Taxation — Real property tax — Payments made by Federal Crown in lieu of real property tax — Assessed value of Halifax Citadel — Whether the Federal Court of Appeal erred in holding that the Minister is unconstrained by the assessed value of the property determined by the assessment authority in determining the property value of a federal property for purposes of the PILT Act — Whether the Federal Court of Appeal erred in holding that the Minister acted reasonably in determining the property value of the Halifax Citadel lands (adopting the determination of the Dispute Advisory Panel appointed under the Act), and in particular in valuing the portion of the lands upon which are located improvements which are exempt from payments in lieu of taxes, representing 47 of 49 acres of the site, at $ 10 — Whether the Court should consider the present case as it raises similar issues as Montréal (City) v. Montréal Port Authority 2010 SCC 14, [2010] 1 S.C.R. 427, but from the perspective of assessed value — Payments in Lieu of Taxes Act, R.S.C. 1985, c. M - 13.

Beginning on May 1, Westlaw will become the exclusive third - party provider of ALM content to the legal market, including ALM legal news, ALM industry rankings and surveys, jury verdicts and settlements, and trial court opinions — key content that practitioners, and litigators in particular, rely upon to craft winning strategies for their clients, and that senior law firm management utilizes to benchmark competitive performance.

She also brought a claim under Illinois common law for intrusion upon seclusion, and the court's treatment of this claim is of particular interest.

In one particular case I was instructed by the Court concerned as a single joint expert to review the equivalent of 5 lever arch files, undertake a site inspection on the South Coast and to then prepare a detailed expert report within a time allocation of 4 hours (albeit based upon a notional sum of money).

Lord Rodger relied upon Bankovic v Belgium (Application 522507 / 99)(2001) 11 BHRC 435, where the Grand Chamber of the European Court of Human Rights (ECtHR) held at para 65 that the scope of Art 1 is «determinative of the very scope of the contracting parties» positive obligations and, as such, of the scope and reach of the entire convention system of human rights» protection» and «article 1 of the convention must be considered to reflect this ordinary and essentially territorial notion of jurisdiction, other bases of jurisdiction being exceptional and requiring special justification in the particular circumstances of each case».

Beyond this broad principle of appellate restraint, however, the degree of deference that will ultimately be exhibited in respect of lower court decisions remains largely contingent upon the nature and scope of the particular findings at issue.

19, the Supreme Court underlined the point: «Every state law must conform in the first [instance] to the Constitution [for the] United States, and then to the subordinate constitution of the particular state; and if it infringes upon the provisions of either, it is so far void.»

Section 41 of the Children's Law Reform Act provides that upon application by any person in whose favour an Order for the custody of or access to a child has been made by an extra-provincial tribunal, a court shall recognize the order unless the case meets a particular exception.

Once you have reached the end of the registration process, you should receive more detailed information about the particular court that has jurisdiction over your Hawaii traffic citation, including where your certificate of completion will be sent upon completion of the Hawaii online traffic school course.

Where your Batavia Illinois traffic school certificate is sent depends upon the rules of your particular court in the state of Batavia Illinois.

To find out whether your certificate will be sent to you or the court upon completion of the Johnson Nebraska online driver improvement course, please continue with the registration process and you will get all of the important details about the particular court that has jurisdiction over your ticket.

For ticket dismissal, your eligibility is determined by your court based upon your particular citation, circumstances, and driving history.

Where your Nance Nebraska traffic school certificate is sent depends upon the rules of your particular court in the state of Nance Nebraska.

To learn beyond a doubt where your North Carolina certificate of completion will be sent upon completion of the North Carolina online traffic school course, simply continue with the registration process and you will get more detailed information about the particular court that has jurisdiction over your traffic citation.

To learn beyond a doubt where your Arlington Heights Illinois certificate of completion will be sent upon completion of the Arlington Heights Illinois online traffic school course, simply continue with the registration process and you will get more detailed information about the particular court that has jurisdiction over your traffic citation.

Where your Rock Island Illinois traffic school certificate is sent depends upon the rules of your particular court in the state of Rock Island Illinois.

To find out whether your certificate will be sent to you or the court upon completion of the Elgin Illinois online driver improvement course, please continue with the registration process and you will get all of the important details about the particular court that has jurisdiction over your ticket.

Where your Ashland Nebraska traffic school certificate is sent depends upon the rules of your particular court in the state of Ashland Nebraska.

Once you have reached the end of the registration process, you should receive more detailed information about the particular court that has jurisdiction over your Des Plaines Illinois traffic citation, including where your certificate of completion will be sent upon completion of the Des Plaines Illinois online traffic school course.

Where your Albion Nebraska traffic school certificate is sent depends upon the rules of your particular court in the state of Albion Nebraska.

These surcharges are separate from any fees paid to the court for a particular ticket and can occur for No Insurance convictions, driving while intoxicated, and based upon annual driver record reviews.

Where your Paden City West Virginia traffic school certificate is sent depends upon the rules of your particular court in the state of Paden City West Virginia.

To find out whether your certificate will be sent to you or the court upon completion of the Wayne Michigan online driver improvement course, please continue with the registration process and you will get all of the important details about the particular court that has jurisdiction over your ticket.

Once you have reached the end of the registration process, you should receive more detailed information about the particular court that has jurisdiction over your Adrian Michigan traffic citation, including where your certificate of completion will be sent upon completion of the Adrian Michigan online traffic school course.

To find out whether your certificate will be sent to you or the court upon completion of the Madison Heights Michigan online driver improvement course, please continue with the registration process and you will get all of the important details about the particular court that has jurisdiction over your ticket.

Once you have reached the end of the registration process, you should receive more detailed information about the particular court that has jurisdiction over your Lynden Washington traffic citation, including where your certificate of completion will be sent upon completion of the Lynden Washington online traffic school course.

Where your Keyser West Virginia traffic school certificate is sent depends upon the rules of your particular court in the state of Keyser West Virginia.

To find out whether your certificate will be sent to you or the court upon completion of the South Charleston West Virginia online driver improvement course, please continue with the registration process and you will get all of the important details about the particular court that has jurisdiction over your ticket.

To find out whether your certificate will be sent to you or the court upon completion of the Alliance Nebraska online driver improvement course, please continue with the registration process and you will get all of the important details about the particular court that has jurisdiction over your ticket.

Where your East Grand Rapids Michigan traffic school certificate is sent depends upon the rules of your particular court in the state of East Grand Rapids Michigan.

Once you have reached the end of the registration process, you should receive more detailed information about the particular court that has jurisdiction over your Schuyler Nebraska traffic citation, including where your certificate of completion will be sent upon completion of the Schuyler Nebraska online traffic school course.