Sentences with phrase «test applied to their case»

[23] When Mr. Chisholm submitted that the Amos test applied to this case, Laskin J.A. rejected this argument, stating, «In my view, the Amos test does not apply, and even if it did, I am dubious whether Chisholm could satisfy it» (para. 18).

Parents considering moving or relocating with their children, or considering their spouse or co-parent's request to move or relocate, will find a new approach and test applied to their case if they are unable to reach an agreement and proceed to court.

Not exact matches

Next, justify why it will be offered to you for free, such as the goodwill of the now - rich creator, beta testing, or some future profit sharing (which applies in this case since they claim that the successful trader will take a cut in the future).

This test is being praised by the backers of the RFRA as duplicating the «compelling state interest» standard that the Supreme Court applied to free exercise cases before the Smith decision.

On Tuesday the Treasurer said he had carefully considered the national interest test and how it applies to this case.

The Ministerial veto, however, only applies to «public interest» notices - it does not apply in cases where the Information Commissioner has ordered disclosure on the grounds of misapplication of the exemptions or the prejudice test.

I then considered the second stage of the test, applying the DPP's interim guidelines on assessing the public interest in cases involving the media, and I have concluded that a prosecution is required in the public interest in relation to each of these eight suspects.

«The point is, we've looked at the facts of this case before us and we've applied the law and the tests that parliament said — and we've come to a very clear conclusion in this matter.»

«More selective HIV screening is thought to miss more cases, but there have never been well - designed comparison studies on which targeting criteria are best,» he says, «so with this study, we hypothesized that by using very broad criteria and applying sufficient resources to test everyone who met those criteria, we could detect nearly as many cases as universal screening but still use many fewer tests.»

However, Lyons says, previous trials do not delineate whether cases have been missed because testing criteria are limited or because screening was not applied to enough patients to provide clear results.

This new session provides a unique opportunity to test your applied knowledge in adult respiratory medicine against 30 high - quality, case - based...

This new session, linked to the Summer school of adult respiratory medicine, provides a unique opportunity to test your applied knowledge in adult respiratory medicine against 30 high - quality, case - based multiple - choice questions, selected from the question pool of the ERS HERMES European examination in adult respiratory medicine.

It's also worthwhile to note that men need less calcium than women, and in some cases shouldn't be taking supplements containing it at all (a bone density test is the best way to know if this applies to you).

It's not always the case that such wisdom transfers to other mediums, but if it can be applied to the world of film, Akira Kurosawa's seminal epic Seven Samurai would certainly be the test case.

Federalists will often make the case that we should let a thousand flowers bloom, sit back, and wait for the cross-pollination to occur: if states, districts, or schools apply test - based accountability and it works, then others will willingly adopt those best practices.

The panel was ordered to assess the adequacy of school funding by applying a test established in a landmark education case from Kentucky, a yardstick the three judges used Tuesday.

If fewer than 16 tests are available to apply to a teacher's score, however, which appears quite likely in many cases this year, districts will have to produce an alternative rating method, such as using the scores of other students in the school.

Take (in my case) the GISS series, apply the 15 year trend test successively to the years 1950... 1985.

It's a case of applying the wrong test to the question.

This test applies to the present case and tells about a severe error.

«The term «restricted electronic waste» shall not apply to covered electronic equipment or parts which are tested prior to export, and are found to be functional for the purpose for which the equipment or parts were designed, or in the case of «multi-function devices,» fully functional for at least one of the primary purposes for which the equipment or parts were designed and appropriately packaged and labeled for shipment»

Lord Wilson also reminded himself that none of this was part of the argued case and then proceeded to apply the Burchell test to reasonableness and rejected the appeal.

The advantage of imaging is that all the data stored on the device will be captured without any changes being made, and there are tests that can be applied to ensure this is the case.

It was settled case - law (see notably the case - law quoted by the Court at point 79 of its judgment) however that, when the State acts as a public authority (by using its fiscal prerogatives for example), this test can not be applied as there is no private investor to which the State can be compared to.

In these three orders, the SCC concluded that the constitutional questions did not meet the relevance test because, under the principle of primacy of EU law, a national provision that is found to be incompatible with EU law must be displaced and can not be applied by the national courts when deciding a case.

Applying logic and common sense gets us somewhere, but no one wants to be the test case where disciplinary charges are brought under existing rules and the disciplinary regulators figure out how to apply them to new technology.

I am no fan of Doré and, notwithstanding my oft - expressed belief that, in light of the current state of the jurisprudence, the most logical next step for Canadian administrative law would be to embrace across - the - board reasonableness review, I would much prefer to see a robust proportionality test applied in cases involving infringements of fundamental rights (see further A Theory of Deference in Administrative Law, chapter 5).

Applying the newly - articulated test to Ms. Johnstone, the Court upheld the Tribunal's conclusion that she had made out a case of prima facie discrimination on the basis of family status.

The rationality test was first applied to an employment situation in the 2015 Supreme Court case of Braganza v BP.

That test still applies to all work done on cases issued before 1 April 2013 and in all other cases to work done before that date.

Whilst the Court does not explicitly reiterate this cautious attitude, the way it structures the application of the test to the facts of the case follows that proposed by the Advocate - General which represents a welcome departure from the way the Court applied the same test in Allianz.

Mindful of the fact that there was no direct authority specifically in point, and acknowledging that this was a different factual situation from Spring, the judge was nevertheless of the view that the three-fold test set out in the leading case of Caparo Industries Plc v Dickman & Ors [1990] 2 AC 605, [1990] 1 All ER 568 could be applied to the facts of the case.

Even though Ford testified he would object to being ordered to repay even $ 5 in this case, his lawyers state Hackland improperly applied a subjective test in determining this issue.

These cases followed the House of Lords» judgment in the conjoined appeals in R v Adbroikof; R v Green; R v Williamson [2007] UKHL 37, [2007] All ER (D) 226 (Oct), which had attempted to clarify the tests to be applied in bias cases.

It has been argued that part of the test to be applied imposes an additional need to show that the case is «exceptional».

[21] Applying that test to this case, leads to these conclusions.

A senior costs judge was wrong to apply the new proportionality test to success fees and after the event (ATE) insurance premiums, the Court of Appeal has unanimously held in a privacy case brought by a primary school teacher whose relationship with a premiership footballer was exposed by the Sunday People newspaper.

Putting aside that no case has ever claimed that contribution applies only to but - for causes — good thing because there's many a defendant held liable who received contribution where the conduct wasn't a but - for cause and there's no reason to read any of the apportionment statutes that way — I suppose the conclusion that contribution is limited to but - for causation does follow if the Court believes that the only way there can ever be factual causation is under the but - for test.

But the court was unwilling to apply these broader tests developed in this period for disabilities to age discrimination cases, despite the 1999 B.C. v. BCGSEU [«Meiorin»] case that said we have to make human rights standards higher.

The suggestion of this article is that the «pretty good chance of success» test ought to stand alone; moreover, if the blunt instrument of percentage assessment is to be used, it ought to be recognised that «a pretty good chance» is capable of applying to any case where the claimant shows a greater than (say) 40 — 45 % chance of success.

In Canada, courts generally recognize that the well - being of a child is fundamentally interrelated with the well - being of the custodial parent; indeed, a 1996 Supreme Court of Canada ruling in a case called Gordon v. Goertz established conclusively that judges must apply the «best interests of the child» test in making decisions about whether a parent should be allowed to relocate with a child, which in turn requires an individual, fact - specific assessment.

While MCA 2005 presents us with a two - stage test that needs to be applied to establish whether an individual lacks capacity, «borderline» capacity cases raise difficult, and at times almost philosophical issues, as to what is meant by the proper weighing of information, and how judges approach such cases.

Did you know that other cases prescribe legal tests that must be applied to determine your entitlement to a statutory remedy, the existence of which the statute doesn't even hint at?

[38] On the basis of paragraph 12 of Clements, the traditional «but for» test presumptively applies to the case of multiple actors creating a loss.

According to the ECJ, it is for the referring Danish judge to appreciate the facts of the case and apply the as - efficient - competitor - test.

[53] Thus, it would seem that the «material contribution» test is applied to cases that involve multiple inputs that all have harmed the plaintiff.

In federal cases, the IPA allows an inmate «under a sentence of imprisonment or a sentence of death» to apply for post-conviction DNA testing.

She went on to explain that the dangers of hearsay could be overcome in individual cases by pointing to circumstances surrounding the making of the statement that support its reliability, by determining that its reliability could be sufficiently tested despite its hearsay character, or by applying some combination of these kinds of reasons.

In September, 2016, these family status discrimination cases and the appropriate test to be applied in Ontario were discussed by the Human Rights Tribunal of Ontario (HRTO) in Misetich v. Value Village Stores Inc..

While the HRTO ultimately dismissed the application due to the failure of the employee to provide sufficient evidence to establish her eldercare obligations, its discussion of the appropriate test to applied to family status cases is significant.