Sentences with phrase «relevant factors when»

Florida courts must consider all relevant factors when determining alimony awards.

Some of the most relevant factors when deciding whether spousal support is appropriate (and the amount) are: length of marriage, disparity in the parties» income, fault, ability to work, and the other party's ability to pay.

This is a relevant factor when we consider that caffeine is the most commonly consumed psychoactive drug in the world.

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 complaint.

In British Columbia, it remains open to the trial judge to determine whether the dismissed employee's length of service and prior employment record is a relevant factor when determining whether the employer has just cause to terminate the employee's employment.

1) Bridging an Employee to the Date of Pension Eligibility is Not a Relevant Factor When Calculating a Reasonable Notice Period

One such breach is the failure to take into account a relevant factor when exercising the discretion.

Not exact matches

These days, thanks to the Hummingbird algorithm change, when a user types a keyword (search query) into the search engine, Google uses over 200 ranking factors to determine and rank the most relevant results.

You should carefully consider these and other relevant factors, including those risk factors in this communication and other risks and uncertainties that affect the businesses of ILG and MVW described in their respective filings with the SEC, when reviewing any forward - looking statement.

I further understand that Credit Karma will determine, in its sole discretion, when, how often, and with which participating providers it checks for pre-qualified offers based on criteria from each participating provider, availability of information needed to identify prequalified offers and other relevant factors.

The aim of our study was not only to improve the knowledge about breastfeeding but mainly to support the fathers to recognize and accept their relevant role in the success of breastfeeding, to improve their capacity of empowering the self - confidence of the mother, and to support and encourage her to go on with breastfeeding, mainly when problems with lactation occur and can represent risk factors for breastfeeding interruption.

However, in every country a whole host of locally specific factors are relevant, and when it comes to Nuttall there's something of an elephant in the room.

When such a degree of risk is involved, the question of whether it is indeed wise to proceed at all becomes the dominant issue, requiring both sophisticated risk analysis, and the full weighing up of every relevant factor.

«Nomograms offer the ability to personalize survival estimates for patients based upon a host of factors that are clinically relevant when we meet patients,» stated Carole Fakhry, MD, the study's lead author and an associate professor in the Department of Otolaryngology Head and Neck Surgery at John Hopkins University.

In discussing the limited evidence for the «probable» link between red meat and colorectal cancer, the WHO itself concedes that it is not possible to rule out other explanations (which it helpfully describes as «chance, bias or confounding»).2 Harcombe agrees, arguing that even when studies strive to adjust statistically for baseline differences in relevant factors such as socioeconomic status, body mass index, physical activity, smoking status and diabetes, it is impossible to grapple fully with all the factors that differentiate «the couch potato» from «the paleo buff» (her ideal), or to take into account the «chasm» that separates fresh and traditionally preserved meats from modern manufactured meat products.9

Rothstein's way out is to declare the study myopic, saying that it focuses exclusively on income, when other criteria, not examined in the study, are clearly the relevant factors.

When combined with other factors relevant to an applicant's auto loan request, including liquid capital, the cost of the car, and the overall ability to repay the loan amount, credit scores indicate to lenders the riskiness of extending a loan to an applicant.

Every options trader is aware that the time factor is crucial when trading, and the Fibonacci tool can help traders earn some money if the relevant time period has been chosen.

An efficient market takes all relevant factors into consideration when setting the price.

One thing to note about our criteria is that we've omitted certain factors such as direct recognition vs non-direct recognition or «mutual vs. stock companies» because these factors are most relevant when searching for the best dividend paying whole life companies.

In their October 2016 paper entitled «Bringing Order to Chaos: Capturing Relevant Information with Hedge Fund Factor Models», Yongjia Li and Alexey Malakhov examine a hedge fund performance evaluation model that identifies risk factors dynamically based on the universe of index - tracking ETFs, focusing on data since 2005 when more than 100 ETFs become available.

It is totally fair to not take the portability factor of the Switch into consideration when doing a comparison if it is not relevant.

As an analogy, if I told you that I was going to paint my white car black and that I expected it would get hotter on sunny days as a result, you would probably start asking questions about what the temperature of the paint was when I applied it and how those molecules heated up or cooled down, ignoring the relevant factor which is this: By painting the car black, I am changing the car's albedo and thus changing the radiative balance between the car and the sun on sunny days.

vtg, It looks like «nearly ice free» is a curiosity not a relevant climate metric when the onset and duration of «nearly ice free» isn't a factor.

That the climate models are remarkably close to the observed temperature trend over the recent decade, taking into consideration all relevant factors, is an explicit demonstration that we can get this temporary surface temperature slowdown even when the Earth's climate sensitivity is around 3 °C per doubling of CO2.

But he wholly fails to explain what the implications of the variability problem is (the need for overbuild of generation capacity and expensive / unfeasible large - scale energy storage), nor whether, if an effort is made to deal practically with these problems in real national electricity grids, the «increasingly cheaper» renewables will ever become cheap enough (when all relevant real - world factors are considered) and reliable enough (without natural gas «backup»), to actually substitute for and displace fossil fuels (or nuclear) at the scale required.

I have copied a brief of the relevant factors and had gone over this problem with Prof Paul Hardaker for two hours when he was Chief Exec of RMetS, He could find no problem with it, then banged his head against the wall trying to get the relevant institutions to deal with it — a factor that might help explain why he was telling me some time later that «I am am leaving the profession».

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.

When judges and adjudicators present their analyses and the corresponding legal result, they are usually careful to precisely outline their findings about the relevant factors.

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..

Therefore, when structuring a settlement agreement resulting from a union grievance, one should be aware that the level of involvement of the employee in the settlement and acceptance of funds may be a very relevant factor in whether the employee is permitted to bring a similar human rights complaint afterwards.

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.

However, that factor would be relevant when addressing the issue of contributory negligence, applying Badger v Ministry of Defence [2005] EWHC 2941 (QB), [2006] 3 All ER 173.

The same factors are likely to be relevant when consideration is being given to the exercise of this discretion in civil or family proceedings.

As can be seen from this case, there are times when an extraordinary notice period must be awarded and that the Bardal factors are still relevant guidelines when determining reasonable notice periods.

[46] When I consider all of the relevant factors in light of the facts I have found, I conclude that a fair award for non-pecuniary damages is $ 40,000.

Further, the law is clear that the existence of an immigration sponsorship agreement is a relevant factor, although not necessarily determinative, when considering entitlement to spousal support.

The overall weight of each of the factors just noted (as well as any other relevant factors) will be determined when the case proceeds to the merits and all of the evidence is presented and assessed at trial or on a motion for summary judgment.

One further relevant factor was that when the executors had realised all the funds would not be used they had distributed funds to the residuary beneficiaries, and therefore there were only limited funds left in the estate.

When considering if the English Court is clearly the appropriate forum for the dispute to be determined, the factors the English Court may consider are wide, and include: (i) the personal connections the parties have to the countries which are relevant to the dispute (ii) the factual focus of the dispute (i.e. in what country / countries did the relevant events occur)(iii) factors affecting convenience or expense, such as the location of witnesses and / or documents (iv) applicable law and (v) whether the matter would receive a fair trial in another jurisdiction.

The likely impact of the proposed move on the noncustodial parent's relationship with the children is a relevant factor in determining whether the move would cause detriment to the children and, when considered in light of all of the relevant factors, may be sufficient to justify a change in custody.

Other factors such as the location of the keys, the position of the person in the vehicle, and a person's plan for alternative transportation are all relevant considerations when defending an allegation of a drinking and driving offence.

The Supreme Court has declared several factors which it has deemed relevant in considering when making this assessment:

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. 43:

The affidavits referenced the parties» views of their relationship — a relevant factor to examine and consider when determining the true nature of their relationship.

When users selected 3 - 4 factors relevant to wrongful dismissal reasonable notice periods, we would return a list of court judgments that matched, and provided links to see the decisions where available.

In Armone the Court held that the amount of time required to «bridge» the dismissed employee to his date of eligibility for a full pension is not a relevant factor to consider when determining the employee's right to reasonable notice of dismissal.

Those factors include: her squandering of the time when she was paid support while also being intentionally unemployed; her unilateral move to Mexico accompanied by her express decision to not work or be underemployed; her failure to produce relevant evidence about her past and present financial circumstances in a timely fashion; her active misrepresentations to Mr. Street concerning her income; her filing of false evidence before this Court and the Provincial Court about her employment activities in Mexico; her delay in seeking spousal support; the hardship that would be borne by Mr. Street, A.S.S. and his new family members arising from her past (in) actions and in seeking support at this late date; and, her failure to comply with the Rules.

When starting an intellectual property case, one should take a close look at the complexity of the remedies, including the type of remedies sought, the number of likely relevant documents and whether any factor favours one party over the other when deciding whether to seek bifurcatWhen starting an intellectual property case, one should take a close look at the complexity of the remedies, including the type of remedies sought, the number of likely relevant documents and whether any factor favours one party over the other when deciding whether to seek bifurcatwhen deciding whether to seek bifurcation.

When the reason for access is to consult library materials — which has been the central question in this article — factors such as participation in a depository program, funding models, traditional use, and library policies can all be relevant.