Sentences with phrase «standard of review applies»

There are two steps in determining which standard of review applies.

Furthermore, since the decision - maker is interpreting its «home» statute or statutes closely connected to its function, the presumption is that a reasonableness standard of review applies as set out in the Supreme Court's decision in McLean v. British Columbia [2013] S.C.R. 895.

In making his assessment and quashing the Majority decision, Mr. Justice Nixon found that the reasonableness standard of review applied to this case.

The SCC (per Justice Rothstein) noted that because a reasonableness standard of review applied, the court will usually defer in cases where a tribunal is interpreting its own statute.

(paragraph 31) Accordingly, the reasonableness standard of review applied.

Not exact matches

Unfortunately, the current generation of data is rife with structural mismatches, and ultimately we could only apply this standard for one school, out of 1130 in the Review!

This product includes: • 6 links to instructional videos or texts • 1 link to practice quizzes or activities • Definitions of key terms, such as base and exponent • Examples of how to apply exponent properties to rewrite an expression • Exercises that allow students to practice applying properties of exponents to transform an expression • An accompanying Teaching Notes file The Teaching Notes file includes: • A review of key terminology • Links to video tutorials for students struggling with certain parts of the standard, such as confusing exponent properties

The playlist includes: • 9 links to instructional videos or texts • 2 links to practice quizzes or activities • Definitions of key terms, such as input and remainder • Examples of how to solve long division of polynomials problems Accompanying Teaching Notes include: • A review of key terminology • Links to additional practice quizzes or activities on certain parts of the standard, such as applying the Remainder Theorem • Links to video tutorials for students struggling with certain parts of the standard, such as having difficulty performing long division of polynomials For more teaching and learning resources on standard HSA.APR.B.2 visit http://www.wisewire.com/explore/search/HSA.APR.B.2/

This product includes: • 5 links to instructional videos or texts • 5 links to practice quizzes or activities • Definitions of key terms, such as literal equation and formula • Examples of how to apply the formula to convert temperature from Fahrenheit to Celsius • Exercises that allow students to practice rearranging formulas to highlight a quantity of interest • An accompanying Teaching Notes file The Teaching Notes file includes: • A review of key terminology • Links to video tutorials for students struggling with certain parts of the standard, such as having trouble solving literal equations • Links to additional practice quizzes or activities

This product includes: • 10 links to instructional videos or texts • 2 links to practice quizzes or activities • Definitions of key terms, such as integer and exponent • Examples of the properties of integer exponents and how to apply them to quickly evaluate exponential expressions • An accompanying Teaching Notes file The Teaching Notes file includes: • A review of key terminology • Links to additional practice quizzes or activities on certain parts of the standard, such as identifying expanded form and exponent • Links to video tutorials for students struggling with certain parts of the standard, such as thinking that the base multiplies by the exponent Need more resources?

Eleven studies were identified in an extensive review of the empirical literature and were analyzed through a rigorous process developed by the MSP - KMD project (read a detailed description of the process) that applied standards of evidence to the findings of each study.

«This review is therefore to be welcomed if it leads to the production of one set of standards which can be applied to the whole profession.»

Applies standards to all educational courseware and conducts quality assurance reviews of learning solutions to validate instructional efficacy.

Some of the proposed changes will also affect the roles and standards applying to collectors and Medical Review Officers.

In reviewing State plans and allocating amounts or making grants under section 153 of title 23, United States Code, the Secretary shall ensure that the guidelines and standards are applied uniformly.

On remand, the BAP shall consider the Bankruptcy Court's «undue hardship» determination applying a de novo standard of review.

ECMC argues that the Eighth Circuit BAP should not have applied the clearly erroneous standard and should have applied a de novo standard of review.

Students who wish to apply must also review the most current of standards and criteria which can be found by clicking this link.

«Today's students must learn, especially through the example of senior scientists, that adherence to high standards of scientific integrity applies in all that we do: from research practices, to peer - reviewed publications, to interactions with colleagues, and to engaging with the public and policy makers.»

Fundamentally, I don» y regard his writings as science, but journalism, therefore, one can not apply the same strict standards of peer - review to non-scientific material.

The Teachers» Federation submits that the trial judge fundamentally misunderstood and incorrectly applied the applicable law to the facts of the case; applied an incorrect standard of review of a union's conduct, and imposed duties not required of it by law.

The statement here is the first occasion where I have seen a court recognize, as I see it, this perverse aspect of the limited (or, under the ICSID Convention, non-existent) accountability of arbitrators to courts; i.e. their ability in effect to choose the standard of review that will apply to their own decisions.

Comparative public law analysis, in my view, is the most promising way to develop standards that are common to domestic public law systems and existing systems of international judicial review, and to analyse how they apply to specific policy fields.

Clerks bring research, analytical, and writing skills to the table; judges bring their vast experience and understanding of trial and appellate procedure, standard of review, and how the law is applied.

Late last year, the Supreme Court of Canada derided «fashionable» claims by applicants for judicial review that a correctness standard should apply in the review of administrative decisions.

if the reviewing judge chose the correct standard, the Court of Appeal's task is to determine whether or not he / she applied the standard properly (which, for the Court of Appeal, is a question of law, reviewable on the standard of correctness).

if the reviewing judge failed to select and apply the correct standard, the Court of Appeal must review the Chief Commissioner's decision in light of the correct standard; and

Citing Walsh v. Mobil, 2008 ABCA 268 (CanLII) at 43, the Court of Appeal noted its role involved determining whether the reviewing judge's decision (in this case the decision of Topolniski J.C.Q.B.A. with respect to the Chief Commissioner's decision) chose and applied the correct standard of review.

Since, for the Court of Appeal, the Chambers Judge chose the appropriate standard of review, the only remaining question was whether or not the standard was applied correctly.

The General Court thus applied the same standard of review to both sanctions regimes alike.

[7] Perhaps from a political perspective this is understandable; having found jurisdiction to review such a sensitive area of national competence, the Court does not wish to apply too intrusive a standard.

[84] Of course, where the motion judge applies an incorrect principle of law, or errs with regard to a purely legal question, such as the elements that must be proved for the plaintiff to make out her cause of action, the decision will be reviewed on a correctness standard (Housen v. Nikolaisen, at para. 8Of course, where the motion judge applies an incorrect principle of law, or errs with regard to a purely legal question, such as the elements that must be proved for the plaintiff to make out her cause of action, the decision will be reviewed on a correctness standard (Housen v. Nikolaisen, at para. 8of law, or errs with regard to a purely legal question, such as the elements that must be proved for the plaintiff to make out her cause of action, the decision will be reviewed on a correctness standard (Housen v. Nikolaisen, at para. 8of action, the decision will be reviewed on a correctness standard (Housen v. Nikolaisen, at para. 8).

He thus argued that the PMOI standard of review should not apply in the context of the UN sanctions regime, but left the question open with regard tot he autonomous EU sanctions.

29 That said, where a court of a Member State is called upon to review whether fundamental rights are complied with by a national provision or measure which, in a situation where action of the Member States is not entirely determined by European Union law, implements the latter for the purposes of Article 51 (1) of the Charter, national authorities and courts remain free to apply national standards of protection of fundamental rights, provided that the level of protection provided for by the Charter, as interpreted by the Court, and the primacy, unity and effectiveness of European Union law are not thereby compromised (see, in relation to the latter aspect, Case C - 399 / 11 Melloni [2013] ECR I - 0000, paragraph 60).

Within each of these settings he reviews the main cases and distinguishes between the types of issue that determine the standard applied.

The Court of Appeal unanimously overturns the chambers justice on this point, and rules the applicable standard of review to apply to the Minister's decision is reasonableness.

Binnie J. calls for a collapse of the two step approach (select the standard of review and then apply it) such that the 4 pragmatic and functional factors (privative clause / statutory right of appeal; relative expertise; purpose of the statutory scheme; nature of the question) are applied to assess the level of deference within a reasonableness review.

The College appealed to the Court of Appeal on several grounds, including that the chambers judge failed to apply a reasonableness standard of review while improperly re-weighing the evidence, and erred in finding the decision unreasonable by improperly requiring the inquiry committee to weigh the respondent's version of events.

Another benefit of this centralized platform is that it allows you to develop discovery playbooks with standard practices and procedures for creating budgets, hiring staff, reviewing documents, reporting and productions, and then apply them consistently across all your matters.

One is to apply deferential standards of review, whether on appeal or judicial review.

In a discussion paper published this week, the Law Society says the SDT is expected to review the standard of proof it applies later this year, as part of a wider consultation on the Solicitors Disciplinary Proceedings Rules 2007.

He also contended that even if the proper standard of review was applied, the decision was unreasonable.

Then in 2011 Justice Rothstein, this time writing for the majority in Alberta (Information and Privacy Commissioner) v Alberta Teachers» Association, 2011 SCC 61, wrote that the principle of judicial deference asserted in Dunsmuir had evolved to the point where there is a presumption the standard of review is reasonableness where a statutory decision - maker applies and interprets its home statute (at para 39).

The respondent in judicial review who seeks to defend the statutory decision will usually assert that reasonableness be applied as the standard of review, such that the reviewing court affords deference to the decision and making it less likely the court will interfere with the decision.

In Dunsmuir the Supreme Court of Canada attempted to simplify the standard of review selection process by making a series of declarations on which standard usually applies to a particular category of question (Dunsmuir at paras 51 - 61).

State courts need not precisely adopt the Rule 702 / Daubert standard; once the highest level New York Court of Appeals reviews Nonnon v. City of New York, for example, it could endorse opinions, like those of the appellate division's dissenters, who have applied a rigorous version of the Frye test to personal injury claims.

She applied the factors listed Dunsmuir v. New Brunswick, [2008] 1 S.C.R. 190, to apply a standard of correctness in reviewing the university's decision:

The court decided to review Issues 2, 3, 5 and 6 on a «deferential standard of reasonableness,» but applied correctness to Issues 1 and 4: «While I acknowledge that in the administrative law context a tribunal may develop its own procedures as to admissibility without the recognized strictures found in the judicial rules of evidence, whereas issues # 1 and # 4 principally involve specific questions of law and concurrent issues involving breaches of natural justice or procedural fairness, I will apply a standard of correctness.

In other words, while Justices LeBel and Cromwell purported to apply the categorical approach, [60] the real drivers of the choice of standard of review were the much - maligned standard of review analysis factors.

In agreeing that the standard of review was that of reasonableness, the Supreme Court of Canada clarified a point that had been unclear: [80] the same general principles apply to the review of municipal bylaws as apply to the review of administrative action.