Sentences with phrase «special circumstances of this case»

[3] I am satisfied, in the special circumstances of this case, that Mr. Khadr's rights under s. 7 of the Charter have been infringed.

10 No bill previously assessed shall be again referred unless under the special circumstances of the case the court thinks fit to direct a reassessment thereof.

If the conversation with your personal injury attorney fails, then you should seek a second opinion and contact an experienced personal injury attorney to speak about the special circumstances of your case, and who will provide you with the best course of action.

(i) the income, earning capacity, property and financial resources of any other person unless, in the special circumstances of the case, the court considers it appropriate to have regard to them; and

Not exact matches

The special circumstances of the thirteenth century remain a vivid case study in what not to do.

Schneiderman's directive instructs the district attorneys to investigate when an unarmed civilian dies at the hands of law enforcement or when there's a «significant question raised» as to whether that was the case, as each D.A. determines is «appropriate under the circumstances until such time as you are directed otherwise in writing by the Special Prosecutor.»

Schneiderman Special Prosecutor Case: Earlier this week Attorney General Eric Schneiderman announced that his first case as special prosecutor in police involved deaths of unarmed civilians would investigate the circumstances surrounding Raynette Turner'sSpecial Prosecutor Case: Earlier this week Attorney General Eric Schneiderman announced that his first case as special prosecutor in police involved deaths of unarmed civilians would investigate the circumstances surrounding Raynette Turner's deCase: Earlier this week Attorney General Eric Schneiderman announced that his first case as special prosecutor in police involved deaths of unarmed civilians would investigate the circumstances surrounding Raynette Turner's decase as special prosecutor in police involved deaths of unarmed civilians would investigate the circumstances surrounding Raynette Turner'sspecial prosecutor in police involved deaths of unarmed civilians would investigate the circumstances surrounding Raynette Turner's death.

So in the case of the ET, I've found the ebook version (I have the PDF version on my desktop) good for quick reference, and because others also default to print for craft books, I wanted to mention the special circumstances for the ET.

Because of the special circumstances of this instance, Lyons can enumerate several benefits from using the free giveaway this case.

Though if you'll let me, I'd refine the argument to: use a rule of thumb to set your minimum savings, then use Monte Carlo to stress - test and look at any special circumstances, and make a case to save more.

Out of state adoptions will be approved at the discretion of the ARL management staff on a case by case basis for special circumstances.

We proudly work to especially help labs who have come into sad circumstances, and we provide those dogs with medical care above and beyond the standard in special cases like that of Little Miss Sunshine who is shown here.

Whatever might have been the case in 1946, most of the world now believes that whaling should be reserved for very special circumstances — such as subsistence aboriginal whaling.

Despite widespread talk of population decline, it is important to emphasize that the only countries in the world to have experienced any declines beyond ∼ 1 % have all been associated with the special circumstances of the collapse of the former Soviet Bloc (and some microstates, such as a few island nations), and even in these cases, migration has played a major role in population changes.

However, special circumstances exist in certain cases of military benefits, such as Combat - Related Special Compensation payments and other forms of military disability payments that may not be divided in an Arizona dspecial circumstances exist in certain cases of military benefits, such as Combat - Related Special Compensation payments and other forms of military disability payments that may not be divided in an Arizona dSpecial Compensation payments and other forms of military disability payments that may not be divided in an Arizona divorce.

(1) the strength of the party's case; (2) the likely order as to costs at the trial; (3) the justice of the application; and (4) any special circumstances.

However, all of this changed last year when the Ontario Court of Appeal released its decision in Joseph v. Paramount Canada's Wonderland, 1 a case in which, under Ontario's new Limitations Act, the plaintiff's attorney failed to issue the statement of claim within the limitation period.2 The Court of Appeal unanimously eliminated any discretion that the court had to extend limitation periods based on «special circumstances» and held, subject to only a few exceptions, that the expiry of the two - year limitation period in Ontario is a complete bar to a lawsuit.

There the judge declined to do so on the basis that the plaintiff had an honest belief that her case was meritorious and her failed allegations of undue influence and suspicious circumstances were not sufficiently reprehensible by themselves to give rise to special costs.

Our expertise in defending companies against health and safety investigations means we can quickly identify any weaknesses in the case against you and persuasively argue for it to be dismissed or for leniency to be applied to take account of any special circumstances.

«Special contribution remains a legitimate possibility but only in exceptional circumstances... such a contribution can, in principle, take a number of forms; that it can be non-financial as well as financial; and that it can thus be made by a party whose role has been exclusively that of a home - maker... in some cases... its amount will be so extraordinary as to make it easy for the party who generated it to claim an exceptional and individual quality which deserves special treSpecial contribution remains a legitimate possibility but only in exceptional circumstances... such a contribution can, in principle, take a number of forms; that it can be non-financial as well as financial; and that it can thus be made by a party whose role has been exclusively that of a home - maker... in some cases... its amount will be so extraordinary as to make it easy for the party who generated it to claim an exceptional and individual quality which deserves special trespecial treatment.

Therefore, when children are involved in personal injury cases, there are a variety of special rules for liability and compensation that could apply, depending on the child's age and the circumstances of the -LSB-...]

These periods of limitations vary according to the type or kind of case involved, and there are many exceptions and special circumstances where modifications or extensions to these provisions might apply.

In this case, as reported in NLJ's last environmental update (see NLJ, 18 April 2008, p 97), the court had to consider the circumstances in which, under the Conservation (Natural Habi - tats etc) Regulations 1994 (SI 1994/2716), an appropriate assessment must be undertaken of the effects of any development proposal upon areas which are the subject of special habitats protection.

Every case has a different set of facts, and this requires paying special attention to the circumstances of the case and providing individualized attention.

Therefore, when children are involved in personal injury cases, there are a variety of special rules for liability and compensation that could apply, depending on the child's age and the circumstances of the case.

The law does not provide an exhaustive definition of «special circumstances», and the facts and circumstances of each case need to be considered individually.

Charman is now the case on the doctrine of special contribution: - In what circumstances is it right to depart from an equal share?

The court noted a change in the law did not trigger the «special circumstance» exception to issue estoppel, and found there was no basis to exercise its discretion to bar the application of issue estoppel in this case.

This is no easy task and often involves showing the Crown Counsel involved in the prosecution of your case the weaknesses of their case, the strengths of possible defences for the accused, showing the Crown that special or extra-ordinary circumstance exist for your client that may lead to the exercise of discretion based upon Crown policy and / or in generally advocating for the client.

CCLA recognizes the need for sensitive national security intelligence to remain secret in certain circumstances and we argued for the creation of the now present Special Advocate system — which permits security cleared lawyers to review the case against a Named Individual and communicate with that person and their counsel.

In some states, Missouri for example, a wrongful death case may permit recovery of special damages for «aggravating circumstances» that are unique to such cases.

The pizza franchise in this case argued the Tindall case is well settled, and absent any special circumstance, claims of respondeat superior and negligent hiring are duplicative.

In criminal cases too, the special, technical knowledge of a third party may prove necessary to establishing or evaluating the circumstances of a case.

Having said the foregoing, it seems to me that the Rainville case involved a very special set of circumstances.

There is no limit on the amount of economic losses recoverable; however, non-economic losses may be limited by statute to approximately $ 300,000 unless special circumstances exist which make the non-economic damage cap inapplicable to your case.

Pidgeon noted, in accordance with a policy adopted by the CJC, judges should render decisions within six months of hearing a case, except in very complex matters or where there are special circumstances.

However, the Strasbourg court is the definitive arbiter of the European Convention on Human Rights (the Convention) and the generally accepted position has been that «[w] hile the case law of the Strasbourg court is not strictly binding... domestic courts and tribunals should, in the absence of special circumstances, follow the clear and constant jurisprudence of that court» (Huang v Secretary of State for the Home Department [2007] UKHL 11).

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».

It is often possible to correct these problems notwithstanding the applicable limitation period by relying on one or more of the following: i) discoverability; ii) section 21 (2) of the Limitations Act, 2002, which permits the misnaming or misdescription of a party to be corrected after a limitation period has expired; iii) the doctrine of special circumstances (this doctrine is only available with respect to some limitation periods); and / or iv) in some rare cases, Rule 2.01 of the Rules of Civil Procedure (for example, see: Hastings v. Halton Condominium Corp to 324, 2013 CanLII 436 (ON SC)-RRB-.

There are no special circumstances in this case that justify the use of scarce judicial resources to resolve the appeal: it will not have a practical effect on the rights of the parties; it does not entail an important issue that might independently evade review or of which a resolution is in the public interest; and the appeal is not of jurisprudential importance.

In the case of a qualified individual or enrollee who is eligible for a special enrollment period as described in paragraphs (d)(4), (5), or (9) of this section, the Exchange may define the length of the special enrollment period as appropriate based on the circumstances of the special enrollment period, but in no event may the length of the special enrollment period exceed 60 days.

(iii) In the case of a qualified individual or enrollee eligible for a special enrollment period as described in paragraph (d)(4), (5), (9), (11), (12), or (13) of this section, the Exchange must ensure that coverage is effective on an appropriate date based on the circumstances of the special enrollment period.

If you or your spouse are in the military then there are special circumstances in your divorce case if one or both of you will be or is receiving a military pension.

Some of these pre-payments are placed into an escrow account (a special holding account from which funds can only be accessed in certain circumstances) so that there is a reserve in case the deal falls through or you, for whatever reason, can't make a payment at some point in the future.