Sentences with phrase «recent scc»

Aside from the apparent procedural novelties involved in compelling an affidavit (or oral testimony) for its summary judgment motion (where recent SCC jurisprudence favouring summary judgment may assist), there is the added complexity of compelling the patent examiner (or another CIPO representative) to provide specific evidence regarding a particular patent.

They rejected TWU submission, based on the recent SCC decision in Mouvement laïque québécois v. Saguenay (City), that the standard should be one of correctness on the basis that the decision was a general question of law falling outside of the expertise of the law society.

Here, then, are two haiku about the most recent SCC case, the first in the more prosaic or informational style used in the American site, the second a bit more impressionistic, an attempt to get the kigo and kireji in.

The recent SCC decision in Teva v. Pfizer specifically (and contrary to what was asserted in the article) stated there was NO higher disclosure requirement for sound prediction.

Hmm, TWU supporters rest their case on a recent SCC decision directly on point.

I've not spilled quite as much real ink (online is different) about the recent SCC decision in Resurfice v. Hanke which has one of those «out of the blue» pronouncements of law that had nothing to do with the disposition of the issues in case: the SCC's declaration that fault and increased risk may sometimes be enough to satisfy tort's causation requirement, even though the injured person can not establish, on the balance of probability, that the fault was a (factual) cause of the injury.

La Forest J referred to it in the most important recent SCC judgment in this area of the law.

Both sides refer to the recent SCC decision of R. v. Jodoin, which confirmed that law societies have the jurisdiction and the duty to regulate the profession, and a judge's ability to discharge her task of ensuring a fair process is not undermined by a law society's exercise of its parallel jurisdiction to discipline a lawyer.

This is much more attractive from a clients perspective especially given the recent SCC case affirming that insurance contracts are subject to all the familiar contract interpretation principals whereas retainer agreements are subject to mysterious «penumbral duties» (Strother 2009 SCC), which adds zero value (or less) to the clients perception of retainer.

Not exact matches

In doing so counsel relied on the recent decision of the Supreme Court of Canada in Windsor (City) v Canadian Transit Co 2016 SCC 54 (Windsor) which, serendipitously, was released the morning of the hearing of the appeal.

In recent years, SCC's Harbourfront Cruise & Ferry Terminal had embarked on a $ 14 million transformation to expand passenger space, double the number of check - in and immigration counters, increase security lines and improve its baggage handling system.

The Interagency Working Group's (IWG's) recent report, used for justifying the SCC as a basis for pervasive regulation, [8] glosses over this fact without discussing its implication in detail.

Altering the discount rate to 7 percent as recommended by the OMB and employing more recent peer - reviewed ECS distributions delivers drastically lower estimates of the SCC.

[19] Tables 5 — 8 show estimates of the average SCC as well as the average standard deviation across all five scenarios for two more recent choices of ECS distributions compared to the outdated Roe — Baker distribution used by the IWG.

This continues the trend of more recent data reducing the likelihood that temperature is highly sensitive to CO2 and therefore reduces the probability of the high impact «harms» that advocates for this carbon pricing initiative claim justify the use of the IWG SCC value.

As you know, the recent US Court of Appeals for the 7th district upheld the DOE's use and calculation of their SCC model, and explictly agreed with the DOE's analysis that used a global impact measure, not US.

• Poles to tropics temperature gradient, average temp of tropics over past 540 Ma; and arguably warming may be net - beneficial overall • Quotes from IPCC AR4 WG1 showing that warming would be beneficial for life, not damaging • Quotes from IPCC AR5 WG3 stating (in effect) that the damage functions used for estimating damages are not supported by evidence • Richard Tol's breakdown of economic impacts of GW by sector • Economic damages of climate change — about the IAMs • McKitrick — Social Cost of Carbon much lower than commonly stated • Bias on impacts of GHG emissions — Figure 1 is a chart showing 15 recent estimates of SCC — Lewis and Curry, 2015, has the lowest uncertainty range.

In my recent op - ed for The Hill examining the Obama administration's estimation of the social cost of carbon (SCC)-- a measure of how much future damage is purportedly going to be caused by each ton of carbon dioxide that is emitted through human activities — I identified two major problems with their measure.

I have written extensively on the shortcomings of the Administration's determination of the SCC (for example, http://www.cato.org/publications/commentary/obamas-social-cost-carbon-odds-science) and the folks at the Heritage Foundation just yesterday released a report looking at what would happen in DICE model if recent estimates of the equilibrium climate sensitivity were used in place of the (outdated) ones used by the Administration.

Pregnant casual or temporary workers in Quebec have the right to withdraw from unsafe work environments just as permanent workers do, according to the recent Supreme Court of Canada decision in Dionne v. Commission scolaire des Patriotes, 2014 SCC 33 (CanLII).

It might have looked like an essentially technical matter, but the Supreme Court's recent decision in R. v. Tatton, 2015 SCC 33 turns out to be full of interesting things to discuss.

I don't doubt there's a real opportunity to apply the concept of «implied consent» in this case as it was set out by the SCC in the recent Trang decision.

It might have looked like an essentially technical matter, but the Supreme Court's recent decision in R. v. Tatton, 2015 SCC 33 turns out... [more]

In its recent decisions, the SCC has used EU law to solve constitutional cases.

In recent months, the Spanish Constitutional Court (SCC) has issued a series of decisions related to EU law that show an interesting combination of both openness toward the European legal order and a certain degree of apprehension to the growing role of the Court of Justice of the European Union (CJEU) in constitutional matters.

Ecojustice is funded entirely through charitable donations so you might consider supporting their work including this recent appeal to the SCC.

If this matter does go to the SCC, it will be difficult to predict how the Court will rule as result of recent privacy cases and its changing composition:

The recent Supreme Court of Canada decisions in Haida Nation v. British Columbia (Minister of Forests), 2004 SCC 73 («Haida») and Taku River Tlingit First Nation v. British Columbia (Project Assessment Director), 2004 SCC 74 («Taku») have once again made it clear that, while the special Constitutional duty of the Crown to Aboriginal peoples can not be fulfilled by developers, it is in the interests of developers that early, meaningful consultation become an essential element in any best practice planning model.

The recent Supreme Court decision in Bank of Montreal v. Marcotte, 2014 SCC 55, is a helpful clarification of the applicability of consumer protection legislation and, more generally, the current principles regulating the separation of federal and provincial powers in Canada.

A recent example, which sounds from here rather like a freudian slip, is the Supreme Courts» ruling in Bedford et al. v. Canada (Attorney General) 2013 SCC 72, which throughout used the traditional derogatory term «prostitution», rather than the «sex trade» used by Cossman in her comment here, http://www.slaw.ca/2013/12/21/a-comment-on-bedford/

At a recent CBA / SCC Liaison Committee meeting on Posting of Factums on the Web, the Supreme Court Justices raised questions concerning a number of legal and practical issues: * Who holds copyright in factums?

This appears in direct conflict to our SCC's recent decisions against fragmented, complicated and overlapping rights regimes.

The treaty will also conflict with our SCC's recent and repeated affirmations of user rights such as fair dealing form an integral and inseparable component of any balanced copyright framework.

SCC's Annette Magnusson spoke during the recent UNCTAD World Investment Forum Investing in Sustainable Development on the importance of a multidisciplinary approach to investment law reform in order to mitigate climate change, and facilitate sustainable development.

In the recent decision of Grant v. Torstar Corp., 2009 SCC 61 («Grant») and its companion case, Quan v. Cusson, 2009 SCC 62 («Quan»), the Supreme Court of Canada sought to strike a more appropriate...

In recent years the number of cases filed with the SCC — both domestic and international — has increased considerably.

By way of example, I hope to do a new edition of my Law of Independent Legal Advice (Carswell, 2000) to take into account some of the more recent law, including, for example, Miglin v. Miglin, 2003 SCC 24, but time is a huge factor).

Ian Roland, Emily Lawrence and Danny Kastner intervened on behalf of the Ontario Police Association in R. v. McNeil, 2009 SCC 3, the Supreme Court's most recent consideration of third - party disclosure obligations.

The existence of an intermediate statutory standard was at the core of the recent case of Jacobs v. Ottawa (Police Service), 2016 ONCA 345 (CanLII), leave to appeal denied 2017 CanLII 444 (SCC).

Good examples of various levels of avoidance of discussions of doctrine — regardless of one's views on the merits of the result and the separate question of the mertis of the analysis used by the SCC to reach the result — are the SCC's recent Young v. Bella, [2006] 1 S.C.R. 108, 2006 SCC 3, Childs v. Desormeaux, [2006] 1 S.C.R. 643, 2006, Jesuit Fathers of Upper Canada v. Guardian Insurance Co. of Canada, [2006] 1 S.C.R. 744, 2006 SCC 21 SCC 18 and most recently Resurfice v Hanke 2007 SCC 7.

In the recent R. v. Bedford, 2013 SCC 72 decision, the Supreme Court has stated that the concepts of arbitrariness, oberbreadth and gross proportionality «evolved organically as Courts were faced with novel Charter claims.»

Prince was a top - tier Bay Street litigator who worked on high - profile cases including intervening for the Canadian Medical Association on the recent Carter case at the SCC.

Some of you might be interested in recent comments of Professor Jason Neyers (of the University of Western Ontario, Faculty of Law), which I repeat with permission, on the Supreme Court of Canada's recent decision in Antrim Truck Centre Ltd. v. Ontario (Transportation), 2013 SCC 13 (CanLII).

The whole process of Nadon's questionable appointment (which in the end got a big thumbs down from the SCC bench and was just one of a series of recent rulings that did not go in the government's favour) shows the government / prime minister / justice minister / anyone else in the ruling party who should know better that unwarranted attacks on the judiciary and its leaders won't be tolerated.

In recent years, the courts have shown greater willingness to regulate the conduct of lawyers through ordering the state to pay for counsel in isolated cases and requiring counsel to remain on the record (R. v. Cunningham, 2010 SCC 10).

In Canada, the recent majority judgment in Quebec (Attorney General) v. A., 2013 SCC 5, more commonly known as Eric v. Lola, is also an instance of Supreme Court justices deferring to the Quebec legislature's choice to draw a distinction between treatment of common law and married spouses.

Canadian Appeals Monitor The SCC Monitor (30/07/2015): A Commentary on Recent Legal Developments by the Canadian Appeals Monitor

McArthur v. Hudson, 2012 BCSC 1293 (CanLII) «[8] Notwithstanding the recent review of the principles of causation by the Supreme Court of Canada in Clements v. Clements, 2012 SCC 32 (CanLII), 2012 SCC 32, the fundamental principles remain the same.»

Craig Bavis will be speaking at the Labour Law section meeting of the Canadian Bar Association on March 3, 2015 on Freedom of Association in light of the SCC's recent decisions.

By Annamaria Enenajor In the recent ruling of R. v. Cody, the Supreme Court of Canada (SCC) reinforced the importance of the right to be tried within a... Read more