Sentences with phrase «subsequent case»

Witnesses may ask for and be given the protection of either or both of the federal or provincial Evidence Act, which means that the evidence can not be used against those witnesses in subsequent criminal or civil cases except in situations where it could be shown that the evidence given at the hearing was inconsistent with the evidence given in the subsequent case, in which case the original evidence could be used in a prosecution for perjury.

Following a case conference, you can schedule a subsequent case conference with a judge, or a settlement conference.

The impact of the EC regulations is addressed in several substantive contexts, including applications under Part III of the Matrimonial and Family Proceedings Act 1984 (Lord Collins's tantalising obiter dicta in Agbaje v Agbaje, and the subsequent case - law such as Traversa v Freddi [2011] 2 FLR 272) as well as in relation to enforcement of maintenance orders and the difficulty in that context of characterising English orders made in financial remedy proceedings.

The fine, Puri noted, seems «grossly disproportionate» to the fine issued in a subsequent case in R. v. Niko Resources Ltd. in which the company was fined $ 9.5 million for a $ 200,000 bribe to a Bangladeshi government minister — a much higher sanction.

After any subsequent case conference, the parties must supplement, but need not repeat, the contents of prior reports.

It is the subsequent case law that addresses the «sufficiency of reasons» issue and related matters.

The trial court in the subsequent case sustained a demurrer to the putative class action complaint, holding that it lacked «subject matter jurisdiction» since La Canoas failed to bring a motion in the prior case.

In the subsequent case of McGinnis v. Watson, [Footnote 40] this principle is again applied and supported by a more elaborate argument.

This view was confirmed in the subsequent case of Bevan & Bevan (2013) FLC 93 - 545 in which it was agreed that «notional property» which is sometimes «added back» to a list of assets, to account for the unilateral disposal of assets, is unlikely to constitute «property of the parties to the marriage or either of them».

The Court of Appeal did not take the opportunity to clarify the law in relation to «add back» assets in the subsequent case of Rapp v Sarre (formerly Rapp)[2016] EWCA Civ 93, [2016] All ER (D) 101 (Mar).

A subsequent case, initiated by The American Civil Liberties Union (ACLU) and the Electronic Frontier Foundation (EFF) last fall in Alasaad v. Duke, is still underway.

As with all Canadian court and tribunal decisions available on CanLII (over 1M and growing at a rate of over 2,000 per week), these decisions are fully integrated and cross-linked to any subsequent case on CanLII in which they are referenced.

The RPC team pulled off a major coup in this case, not only successfully challenging the jurisdiction of the Competition and Markets Authority to review a merger, but defeating the CMA in a subsequent case in the Court of Appeal.

However there are references to the principles and pre-TOLATA 1996 case law in subsequent case law and in Stack v Dowden.

Subsequent case law has also interpreted these factors to look at compensation, particular customs in specific industries, and any special circumstances surrounding the employee's hiring.

What I'm wondering is whether there's any subsequent case law which questions whether the third - party doctrine holds when one of these tests is not true.

Nonetheless, a subsequent case in Alberta, Ritter v. Donell, took the opposite view, holding (in obiter) that the English «may» must be read as permissive.

A subsequent case, Cronas v. Willis Group, pursued similar claims for a later time period with similar success.

Despite the definitive nature of the Chief Justice Laskin's pronouncement, subsequent case law (including Oakes) revived the concepts of flexibility and degrees of probability.

Looking at subsequent case law, it appears the second option would have had a greater chance of prevailing than the first.

In both cases, as well as a subsequent case, the AUC applied the due diligence defence as it exists in criminal law.

This has been heavily innovated on by subsequent case law, most notably the House of Lords decisions in [2000] UKHL 54; [2001] 1 AC 596, and < Miller and Macfarlane > [2006] UKHL 24; [2006] 2 AC 618.

Contrary to popular opinion, these laws and subsequent case law are not intended to make sure that everyone plays nicely.

Dee has enough problems just getting on with life - trying to raise her children, with her children's deadbeat dad and his abusive girlfriend in the same building, and yet even after her conviction is overturned, her subsequent case (spearheaded by the A.C.L.U.) puts her in the D.A.'s crosshairs - who uses his substantial infuence to not only prevent her from returning to her job of 7 years, but even makes sure that she is terminated from the minimum wage job she finally manages to procure.

The U.S. Food and Drug Administration originally approved the drug in 1999, but subsequent case reports of abnormal behavior in adolescents who used the medication led the agency in 2006 to require that all packaging of the drug include a warning label about potential neuropsychiatric side effects, such as hallucinations, delirium, self - harm and even suicide.

If this case is allowed to proceed, asked the justices, should subsequent cases be limited to big polluters like the five targeted in this suit?

Because algal blooms are closely related to climate factors, projected changes in climate could affect algal blooms and lead to increases in food - and waterborne exposures and subsequent cases of illness.95, 96,97,98,99,100,101 Harmful algal blooms have multiple exposure routes.102, 103,104

The result of this and subsequent cases is that public employee's First Amendment rights can be limited if the government has a legitimate «proprietary interest in directing or controlling the individual's speech.»

You can read his opinion here: http://www.leagle.com/decision/In%20Adv%20FDCO%20140912-000137.xml/BOOKHOUSE%20OF%20STUYVESANT%20PLAZA,%20INC.%20v.%20AMAZON.COM This case has now been cited in three subsequent cases as precedent, two in 2014 and one in 2015.

Because algal blooms are closely related to climate factors, projected changes in climate could affect algal blooms and lead to increases in food - and waterborne exposures and subsequent cases of illness.95, 96,97,98,99,100,101 Harmful algal blooms have multiple exposure routes.102, 103,104

Taking a case to the Special Commissioners which has since become a leading authority in determining when HMRC can issue discovery assessments and which has been cited in various subsequent cases.

The recent Philip Morris ruling is a bold move against minimum harmonisation that has potential to considerably narrow the EU legislator's room for manoeuvre, if followed in subsequent cases.

Summaries from subsequent cases.

The subsequent cases of McCarthy and Dereci, which sought to whittle down the Zambrano test, further muddied the conceptual waters.

However, it lost the power of its conviction in subsequent cases, generating an intolerable degree of uncertainty and ambiguity in the jurisprudence.

The decision of the Court of Appeal in Hayden v Hayden [1992] 1 WLR 986, [1992] 4 All ER 681, in which the gratuitous services of the defendant father were taken into account in assessing the child's loss of dependency following the death of her mother, has for years been distinguished in subsequent cases without ever being overruled.

Teva's practical effect on patent infringement actions will depend on how the Federal Circuit applies the «clear error» standard in subsequent cases.

This was raised by the case of Ruiz Zambrano (Case C - 34 / 09) on 8 March 2011, and subsequent cases, and involves the issue of EU citizenship.

This ruling has proven useful, in subsequent cases, in establishing that the claims were not statute - barred, even where the plaintiffs and their solicitors were not diligent in investigating potential claims.

In addition to viewing the list of subsequent cases on EVA, you can also view the uploaded brief.

Within seconds of uploading the brief, EVA generates an analysis of all the cases, creating a list of the cases and giving each case a label saying whether it is still valid or has been overruled, criticized, questioned or superseded by a subsequent cases.

Notwithstanding the reduction in the damages awarded, the case remains extremely important and will be of significant influence in subsequent cases considered by Ontario courts.

In subsequent cases, plaintiffs evolved three techniques of avoiding Chadha: (a) combining direct and indirect purchasers into one class; (b) relying on causes of action that may not require proof of loss, in order to invoke aggregate assessment of damages; and (c) leading economic evidence regarding pass on.

More importantly, Mackinnon J.'s discussion of «limited retainers», confirmation of non-retainers in writing, conflicts of evidence between solicitors and clients, and duty to provide advice outside of a retainer has been extremely helpful to counsel defending solicitors in subsequent cases.

In a very general sense, it means that if a court has already decided on a particular legal issue in one case, the court should follow its decision on that same issue in subsequent cases.

The latter type, the Court concluded, is admissible in subsequent cases where «the very essence of the offence, and its actus reus, is the giving of the false testimony» (Staranchuk SCC at para 1).

It is not necessary to delve into the conduct of the parties — as Tinsley and subsequent cases showed, a claimant's illegal conduct is sidestepped.

It will be interesting to see if the decision in this case is followed in subsequent cases, and, if the principle develops in future cases, whether the hard edges as applied in cases such as Page, Lewis and Bhatti will be softened.

In subsequent cases concerning Japan, this has enabled me to be far more successful than before in persuading courts to prevent children's visits to that country.

Subsequent cases such as Newfoundland Nurses» explain and amplify what is found in Dunsmuir.