Sentences with phrase «test for determining»

U.S. Supreme Court's decision in Dolan v. City of Tigard establishes the «rough proportionality» test for determining whether government regulation of land is so intrusive as to constitute a taking.

Massachusetts court finds that license law trumped state's usual test for determining whether an individual qualified as an independent contractor.

The PAS criteria used by Gardner, as noted above, are essentially borrowed from and built upon his earlier (and now widely discredited) test for determining whether children were fabricating allegations of sexual abuse, the «Sexual Abuse Legitimacy Scale» (SAL Scale)(Id.)

The test for determining status is based on a two part analysis.

Five cases decided together raise a number of issues concerning the interpretation of the new Rule 20, including the nature of the test for determining whether or not summary judgment should be granted, the scope and purpose of the new powers that have been given to judges hearing motions for summary judgment, and the types of cases that are amenable to summary judgment.

[10] In Resurfice Corp. v. Hanke, 2007 SCC 7 (CanLII), 2007 SCC 7, 1 S.C.R. 333, the Supreme Court affirmed the «but for» test remains the basic test for determining causation, but developed the concept of «material contribution» in a different manner than that used in Athey, formulating a «material contribution» test as an exception to the «but for» test, a matter that is not relevant to this appeal.

Rather it confirmed that «the basic test for determining causation remains the «but for» test».

The Court of Appeal held that the chambers judge conflated the standard of review for striking a claim on a pleadings motion (plain and obvious) with the test for determining whether a duty of care exists (the Cooper analysis).

In Resurfice Corp. v. Hanke,... the Supreme Court affirmed the «but for» test remains the basic test for determining causation, but developed the concept of «material contribution» in a different manner than that used in Athey, formulating a «material contribution» test as an exception to the «but for» test, a matter that is not relevant to this appeal.

In so ruling, the court in Archon announced a clear test for determining whether a contractor is entitled to recover under quantum meruit: «[A] claim for quantum meruit lies when the work that the plaintiff performed was wholly beyond the subject matter of the contract that existed between the parties.»

In Cheshire West, the justices held that disabled people have the same right to liberty as everyone else, and laid down a test for determining Art 5 deprivation of liberty where a person lacked the capacity to consent, even in a domestic setting.

To make matters more confusing, the more expansive meaning of the French word «infraction» is evident in para. 44 of the majority in Guidon in the following statement: «The two parts test for determining which statutory infractions are criminal offences and which are administrative penalties was set out in Wigglesworth» (underline added).

This Court has announced a three - part test for determining whether a challenged state statute is permissible under the Establishment Clause of the United States Constitution:

The judge referred to the governing legal test for determining if an employer is vicariously liable for employee sexual misconduct, and concluded that because the alleged abuse was said to have occurred while the teacher was simply carrying out his ordinary duties as a teacher, without taking advantage of any specialized opportunities afforded to him by virtue of his employment, no vicarious liability would have attached to the school board even if the alleged sexual misconduct had been proven.

The relevant test for determining whether just cause for termination exists is set out in McKinley v BC Tel..

This practical test for determining the prevailing party in a lis pendens withdrawal context gives considerable discretion to the trial judge.

The Court of Appeal determined that McCormick does not establish «control and dependency» as an all - purpose test for determining whether a person is an employee or partner.

This 1996 decision set out the test for determining the existence of an aboriginal right.

Jurisprudence has established the test for determining whether an insured has been involved in an «accident»:

... set out a two - part test for determining whether an employer is justified in dismissing an employee on the grounds of dishonesty.

The legal test for determining whether a lost will can be proven in contested matters is set out in the Ontario Court of Appeal's decision in Sorkos v. Cowderoy.

In issuing the preliminary injunction, the judge held that the DOL's rule exceeded the agency's authority because it effectively created a salary test for determining which «white collar» workers are entitled to the overtime exemption.

In Attorney General of Canada v Johnstone, 2014 FCA 110, the Federal Court of Appeal («FCA») established a new test for determining whether an employer has discriminated against an employee on the basis of «family status» under the Canadian Human Rights Act («CHRA»).

Laurie Meyer and Claire Hartley Published in DRI on Supreme Court's New Test for Determining Employer Violations of 1978 Pregnancy Discrimination Act

'» The legal test for determining whether certain transactions qualify as investment contracts was devised by the US Supreme Court in SEC v. W.J. Howey Co., 328 U.S. 293, 301 (1946)(Howey), commonly known as the «Howey Test».

Mutuality is something of the «new kid on the block» as a test for determining employment status and is seen as part of the irreducible minimum to establish such status, along with personal service and control.

[60] The basic test for determining causation is the «but for» test which requires the plaintiff to show that the injuries would not have occurred «but for» the negligence of the defendant.

Then it goes on to state that the test for determining whether a solicitation is improper is multi-factored, requiring an analysis of the sophistication of the client regarding legal matters, the physical and emotional state of the prospective client, and the circumstances surrounding the solicitation.

[28] The test for determining whether an agreement is fair and reasonable was established in Commonwealth Investors Syndicate Ltd. v. Laxton, 50 BCLR (2d) 186 (BCCA), leave to appeal refused [1990] S.C.C.A. No. 479 QL.

In the Court of Appeal decision in this matter, Justice Beveridge set out the test for determining whether a complainant has the requisite capacity to consent.

There are some guidelines that we can potentially look to, such as the materiality test for determining when the risk becomes material and regulation should kick in.

The test corresponded closely to that laid down in the criminal context by R v Ghosh; and it was more appropriate that the test for dishonesty in the context of solicitors» disciplinary proceedings should be aligned with the criminal test than with the test for determining civil liability for assisting in a breach of a trust.

The test for determining whether or not PIPEDA will govern the transmission of information is whether there is a «real and substantial connection'to Canada1; therefore, a Canadian company transmitting information abroad, or a foreign company transmitting information into Canada that discloses personal information about Canadians might both lead to a complaint to the Commissioner.

In Mackie v Secretary of State for Trade and Industry [2007] EWCA Civ 642, [2007] All ER (D) 353 (Jun), the Court of Appeal again applied the substantially objective test for determining date of knowledge.

Those changes may include placing term limits on temporary contracts, changing the test for determining who is an independent contractor and facilitating unionization of the workplace, lawyers say.

Citing Borowski v. Canada (Attorney General), 1989 CanLII 123 (SCC), the Court of Appeal set out the test for determining whether a moot appeal warrants consideration as follows:

in Argersinger, the Court today retreats to the indefensible position that the Argersinger «actual imprisonment» standard is the only test for determining the boundary of the Sixth Amendment right to appointed counsel in state misdemeanor cases, thus necessarily deciding that, in many cases (such as this one), a defendant will have no right to appointed counsel even when he has a constitutional right to a jury trial.

Well, we could first discuss our «multi-faceted test for determining whether an object is a dangerous weapon,» although the defendant was not holding any objects whatsoever.

Becker provided an extensive analysis, complete with an explanation of the history of the exception and offered a test for determining whether it should apply.

It definitely doesn'ty provide a statistical test for determining whether two populations are sufficiently similar to be combined in an RCS study.

Changing the subject, my test for determining if someone has an agenda (or is an idiot) or is interested in science:

The problem is their test, which is simply plotting an OLS trend since 1997, is not a valid test for determining if global warming has continued or stopped.

A test for determining a pollen allergy can be carried out by introducing pollens (silver maple or artificial histamines are used) under shaved skin and studying the inflammatory response after a few minutes or hours.

Although not perfect, this is the most reliable test for determining if a cat has an adenoma (one lobe involved), hyperplasia (2 lobes involved), or carcinoma (> 2 lobes).

A great test for determining which treat is best is to choose two small food items, such as a store - bought dog treat and a small piece of chicken meat, then put one in each fist.

Freddie Mac offers a clear test for determining if a bankruptcy has extenuating circumstances:

The bankruptcy court ruled against them, citing the three - prong test for determining «undue hardship,» known as the Brunner test after Brunner v. New York State Higher Educ.

Most federal courts have adopted the Brunner test for determining whether undue hardship exists.

As a result, the vehicle is expected to receive a good grade in the RCAR (Research Council for Automobile Repairs) test for determining customer insurance fees.

Price first became aware of the presence of the activator while performing a chemical test called the Yoder test for determining vitamin D values.