Sentences with phrase «relevant factor in this case»

A relevant factor in this case was that it was believed by both that an insurance policy would cover one such potential liability.

While delay may be a relevant factor in some cases, particularly where urgency is alleged as a basis of moving without notice under Rule 37.07 (3), it is not a relevant factor where a risk of dissipation of assets is the basis for moving without notice under Rule 37.07 (2).

Moylan J concluded that this «division gives proper weight to all the relevant factors in the case, including the contributions each party has and will make to the welfare of the family and to the fact that a significant part of the wealth has accrued from income earned in 2008 and 2009 [post separation]».

Not exact matches

«Our decision makers work hard and conscientiously to calibrate discipline appropriate for each case, taking into account all relevant factors, while upholding the principle that these are educational processes,» it said in a statement to Business Insider.

In that case, the number of bookshops, which is a systems output — generated organically by the size of the city, the rate of literacy, the income of residents, and other relevant factors — would serve as a proxy for literacy, while population or income would serve as proxies for whatever variable one wants to measure.

That's what a breast - feeding doctor — an OB, pediatrician or family physician with a subspecialty in breast - feeding medicine — would have done in Kelly's case: a complete physical and medical history (yes, in fact, it is relevant if your mother couldn't make milk) on mom and baby to see if any physical or anatomical factors were affecting supply.

This is hugely relevant as Alzheimer's is in the vast majority of cases not inherited, and lifestyle factors and comorbidities must therefore be to blame.

The findings are also relevant for policymakers and clinicians, as universal health coverage and free provision of healthcare — and prescriptions in some cases — via the NHS might have worked as a protective factor during economic hardship.

@Jasper That may be the case (although you didn't mention factors external to the economy e.g. foreign investment - quite relevant in the London property market), but the same can be said of any investment.

This isn't always the case... say with the cable companies... and there are factors which include things like inflation or the costs to provide products or services (particularly relevant to gas), but if one removes those factors from the equation, which seems to be appropriate for something like PS +, then one can only end up looking at either receiving a better product (increase in IGC offerings quality / quantity), or receiving better service (better sales, increased features for online play, etc).

In Diamond's «Collapse», climate change is one of the five factors which he says relevant for collapses of societies, and it is really important in some of the cases he documents and not important in otherIn Diamond's «Collapse», climate change is one of the five factors which he says relevant for collapses of societies, and it is really important in some of the cases he documents and not important in otherin some of the cases he documents and not important in otherin others.

The decision references a number of relevant cases, including the New Brunswick Court of Appeal's 1983 ruling in Federal Business Development Bank v. Belyea, which lists factors that must be considered when analyzing the cost of receivership services.

A number of factors have been identified in the cases as being relevant to the issue.

any other factors (other than misconduct like adultery) that the court thinks is relevant in each individual case.

This period is assessed by the courts on a case - by - case basis, depending on an employee's age, position, length of service and the availability of alternate employment together with other relevant factors as may be condisered important in the circumstances.

[31] Other factors relevant to the exercise of the discretion are whether excluding the document would prevent the determination of the issue on its merits: Hoole v. Advani, [1996] B.C.J. No. 522; and whether, in the circumstances of the case, the ends of justice require that the document be admitted: Jones, Gable & Co. v. Price (1977), 5 B.C.L.R. 103; Wu v. Sun, 2006 BCSC 1890; and Adamson v. Charity, 2007 BCSC 671.

While the court concluded the plaintiff had not met the test for apportionment, the plaintiff's success in that case on the issue of fault (although no damage was found and the action dismissed) was a relevant factor under Rule 37B (6)(d), now Rule 9 - 1 (5)(b), on considering if the defendant was entitled to double costs when there had been a defence offer, which in Mudry obviously exceeded the damage award which was nil..

[62] Like the trial judge, this court can do no better than exercise its discretion based on all of the relevant factors in the particular case before it.

Second, discovery requests must now be relevant and «proportional» to the needs of the case, with proportionality being measured against the importance of the issues and the amount in controversy, among other factors.

When determining what percentage to award, the judge referenced not only the two factors in the defendant's favour, but also considered the claimants» complaints of the defendant's conduct throughout the case, including but not limited to the defendant's failure to answer a pre-action protocol letter, its failure to disclose relevant documents, and its rejection of settlements and alternative dispute resolution (ADR) offers.

That is not to say that even in the case of «by object» restrictions the economic and legal context in which the agreement was concluded by the parties can be ignored; quite the reverse, as the context is significant and market share will be one relevant factor for example even in «by object» cases.

As Carnwath LJ said in Akaeke v Secretary of State for the Home Department [2005] EWCA Civ 947, [2005] All ER (D) 409 (Jul) para 25: «Once it is accepted that unreasonable delay on the part of the secretary of state is capable of being a relevant factor, then the weight to be given to it in the particular case was a matter for the tribunal.»

In cases where parties were engaged in settlement discussions that commenced within the six - month time for filing, this might be considered a relevant factor when determining whether to accept a late - filed complainIn cases where parties were engaged in settlement discussions that commenced within the six - month time for filing, this might be considered a relevant factor when determining whether to accept a late - filed complainin settlement discussions that commenced within the six - month time for filing, this might be considered a relevant factor when determining whether to accept a late - filed complaint.

-- Whether the case is interprovincial or international in nature, and comity and the standards of jurisdiction, recognition and enforcement prevailing elsewhere are relevant considerations, not as independent factors having more or less equal weight with the others, but as general principles of private international law that bear upon the interpretation and application of the real and substantial connection test.

In that case the judge had to show that he had taken into account the factors indicated in Pts 44.3 (4) and (5), to the extent relevant to the case in hanIn that case the judge had to show that he had taken into account the factors indicated in Pts 44.3 (4) and (5), to the extent relevant to the case in hanin Pts 44.3 (4) and (5), to the extent relevant to the case in hanin hand.

-- The involvement of other parties to the suit is only relevant in cases where that is asserted as a possible connecting factor and in relation to avoiding a multiplicity of proceedings under forum non conveniens.

In this case, the issue was whether the Gladue factors were relevant in the context of extradition and, in particular, whether the Minister of Justice was required to consider the Gladue factors in determining whether surrendering an accused Aboriginal person to be prosecuted in the United StateIn this case, the issue was whether the Gladue factors were relevant in the context of extradition and, in particular, whether the Minister of Justice was required to consider the Gladue factors in determining whether surrendering an accused Aboriginal person to be prosecuted in the United Statein the context of extradition and, in particular, whether the Minister of Justice was required to consider the Gladue factors in determining whether surrendering an accused Aboriginal person to be prosecuted in the United Statein particular, whether the Minister of Justice was required to consider the Gladue factors in determining whether surrendering an accused Aboriginal person to be prosecuted in the United Statein determining whether surrendering an accused Aboriginal person to be prosecuted in the United Statein the United States.

[46] The first is that the identification of the appropriate standard of review will turn on whatever factors the reviewing court considers relevant in the case before it.

The calculus in approaching or avoiding the Ombudsman should be based on a variety of factors, such as, the financial strength of the project and its potential or actual job - creation activities; the factually - demonstrable urgency in receiving an adjudication; the presence or absence of red - flag factual or legal issues; and the likelihood that the particular case presents issues that, once resolved, would benefit multiple EB - 5 stakeholders, and thereby allow the Ombudsman to husband its scarce resources, and get more bang for its intercessory buck; and other relevant considerations.

But it does not follow — in respect of this case or in general — that a legitimate expectation can coherently be treated as merely one factor among several relevant factors in calibrating the content of procedural fairness.

Unlike in State v. Thompson, the sentencing judge's comments in this case were more than just a «brief mention» of factors not relevant to imposing sentence.

The court is required to weigh all relevant aggravating and mitigating factors in the case in order to determine a just sentence for the accused.

16 In the case of Aquilini v. Aquilini, 2012 BCSC 1616, Mr. Justice Smith dealing with an application for the appointing of a business valuator (similar to the case at bar) identified the following relevant factors for a court to consider when determining whether to exercise its discretion under Rule 13 - 4 (3) to appoint a joint expert in absence of an agreement at para. 4In the case of Aquilini v. Aquilini, 2012 BCSC 1616, Mr. Justice Smith dealing with an application for the appointing of a business valuator (similar to the case at bar) identified the following relevant factors for a court to consider when determining whether to exercise its discretion under Rule 13 - 4 (3) to appoint a joint expert in absence of an agreement at para. 4in absence of an agreement at para. 43:

However, many fault issues (adultery, cruelty, etc.) are frequently relevant factors in divorce cases because they can have an impact on how the community property is divided, or how custody is decided.

Master Dash concluded that the test is the same as for setting aside dismissals of defended actions: The court must take the contextual approach set out in Scaini v. Prochnicki7, weigh all relevant factors including the four Reid8 factors, and balance the interests of the parties to determine the order that is just in the circumstances of the case, considering also the public's interest in the timely disposition of disputes.

However, establishing that an arguable case exists is not in itself sufficient to obtain permission and the court will need to consider all of the relevant factors (some of which may outweigh the conclusion that there is an arguable case).

In the discovery processes, rule 26 set the guidelines for requesting evidence, noting that discovery demands must be relative to the needs of the case, and be evaluated by six factors, including «the parties» relative access to relevant information, the parties» resources,» and «and whether the burden or expense of the proposed discovery outweighs its likely benefit.»

Whether a partnership has been established in a particular case will depend on an analysis and weighing of the relevant factors in the context of all the surrounding circumstances.

However, if the questions are relevant, then the court must go on to consider the four Wigmore factors and determine whether the journalist - source privilege should be recognized in the particular case.

[13] I am also mindful that in Hartshorne the Court of Appeal expressed the view that the list of factors described in para. 27 of its reasons need not be relevant in every case.

[15] Having weighed the relevant factors, I am satisfied that this is a case in which I should award the Plaintiff the costs of the entire action, including all steps taken after the date of delivery of the Defendant's offer, notwithstanding the Defendant's Offer.

The court in AWG held that the decision to recuse is not a discretionary case management decision reached by weighing various relevant factors, eg inconvenience, cost and delay.

In reviewing the factors in Rule 57.01 (1) and the relevant case law, Justice Healey noted that the applicant had total success on the motion for summary judgment and that there had been insufficient evidence to support the respondents» positionIn reviewing the factors in Rule 57.01 (1) and the relevant case law, Justice Healey noted that the applicant had total success on the motion for summary judgment and that there had been insufficient evidence to support the respondents» positionin Rule 57.01 (1) and the relevant case law, Justice Healey noted that the applicant had total success on the motion for summary judgment and that there had been insufficient evidence to support the respondents» positions.

The factors relied on in this case are particular to its facts, and should not be taken as a list of factors relevant to every s. 23 case.

While Livent affirms that when undertaking a full proximity analysis the court must examine all relevant factors arising out of the relationship between the plaintiff and the defendant, two factors are determinative in the case of negligent misrepresentation — the defendant's undertaking and the plaintiff's reliance.

Many of the scales demonstrated weak psychometrics in at least one of the following ways: (a) lack of psychometric data [i.e., reliability and / or validity; e.g., HFQ, MASC, PBS, Social Adjustment Scale - Self - Report (SAS - SR) and all perceived self - esteem and self - concept scales], (b) items that fall on more than one subscale (e.g., CBCL - 1991 version), (c) low alpha coefficients (e.g., below.60) for some subscales, which calls into question the utility of using these subscales in research and clinical work (e.g., HFQ, MMPI - A, CBCL - 1991 version, BASC, PSPCSAYC), (d) high correlations between subscales (e.g., PANAS - C), (e) lack of clarity regarding clinically - relevant cut - off scores, yielding high false positive and false negative rates (e.g., CES - D, CDI) and an inability to distinguish between minor (i.e., subclinical) and major (i.e., clinical) «cases» of a disorder (e.g., depression; CDI, BDI), (f) lack of correspondence between items and DSM criteria (e.g., CBCL - 1991 version, CDI, BDI, CES - D, (g) a factor structure that lacks clarity across studies (e.g., PSPCSAYC, CASI; although the factor structure is often difficult to assess in studies of pediatric populations, given the small sample sizes), (h) low inter-rater reliability for interview and observational methods (e.g., CGAS), (i) low correlations between respondents such as child, parent, teacher [e.g., BASC, PSPCSAYC, CSI, FSSC - R, SCARED, Connors Ratings Scales - Revised (CRS - R)-RSB-, (j) the inclusion of somatic or physical symptom items on mental health subscales (e.g., CBCL), which is a problem when conducting studies of children with pediatric physical conditions because physical symptoms may be a feature of the condition rather than an indicator of a mental health problem, (k) high correlations with measures of social desirability, which is particularly problematic for the self - related rating scales and for child - report scales more generally, and (l) content validity problems (e.g., the RCMAS is a measure of anxiety, but contains items that tap mood, attention, peer interactions, and impulsivity).

The court will consider all factors relevant to the best interest of the child, including the parent's wishes, child's interactions with the family, adjustments to schooling, mental health and character of the parents, any other persons who may significantly affect the child's best interests and, in some cases, the wishes of the child.