I wholly agree with the OCA that ability to pay should
not be a determinative factor in setting fines for corporations.
Sally McFague: The meaning of agape
is determinative for theology and shapes the meaning of eros and philia and the three together are metaphors for the trinity.
The authors recognize, however, that their biases with respect to
what is determinative can not be avoided.
The lawyers for the two organizations also challenged the notion that the 2001 Supreme Court
decision is determinative of the current case.
It is important to emphasize again in this context that because a prehension
is a determinative relationship, these «feelings» are not accidental additions or modifications of the actual entity (as «apprehension» would imply), but constitutive of it.
A trial judge may assist litigants by directing them away from irrelevancies and indicating what
issues are determinative of the matter, or by asking the litigant to focus their questioning of witnesses on legally relevant factual issues.»
The ERT held that this third stage of the stay analysis, dealing with the balance of convenience, including effects on the public interest, «will
often be determinative of a stay motion in cases before the ERT due to the nature of the legislation with which the ERT deals.»
The humanist acts «as if» history were open - ended and multivalued, as if human choices and
actions were determinative for human destiny.
If we all thought like humanists we would be shut out from the fundamental truths of being that
consciousness is determinative, that all is Mind and its infinite manifestation.
Questions like these are indeed inescapable; even if most of us do not spend a great deal of time thinking about them, the implicit, unspoken, assumed
answers are determinative of how we think and act.
Prehension, therefore, also indicates that the relatedness of these elements to the emerging actual
entity is determinative because the relatedness constitutes the entire data available to that entity in its process of becoming.
And I am assuming, contrary to the Enlightenment's own assumptions, that the particularities of
history were determinative both of the occurrence of the Enlightenment and of its beliefs.
Mayor Bill de Blasio is a heavy favorite heading into Tuesday's primary election, which includes numerous races across the city for which the Democratic
primary is determinative of the next officeholder.
Therefore, the results of the polling showed that not life abroad and not
looks are determinative factors for women.
Writing for five members of the Court of Appeal for Ontario, Mr. Justice David Doherty concluded his pure and unassailable legal analysis by finding that «the cavernous disconnect between the severity of the offence as described in my reasonable hypothetical and a three - year penitentiary
sentence is determinative of the s. 12 analysis.
As Justice Stratas notes, this is consistent with the «hierarchy of law,» which provides that
statutes are determinative of the standard of review, subject only to successful constitutional attack (11).
As I wrote in this piece answering the question «how much is my case worth ``, the value of an injury case varies wildly but in the pre-suit phase, the nature of the insurance
company is determinative of whether it gets worked out.
However, we anticipate debate in future cases about when the offence actually occurred, as that date will
likely be determinative of which sentencing regime will apply.
For example, while parents may have «joint custody» (joint decision making ability) the children may actually reside primarily with one parent for most of the time and a child's
residence is determinative of who will be the Payer or Recipient, of child support.
Lewison J held that, while an adult's wishes and feelings should not be «lightly overridden», they will not
necessarily be determinative of what is in the adult's best interests and it is that criterion which governs substitute decision making under the 2005 Act.
Courts have held that a person's
motive is determinative of whether an arrangement constitutes maintenance or champerty.
An error is overriding if it is «so serious as to
be determinative when assessing the balance of probabilities with respect to that particular factual issue»».
Those factors, however, would not be determinative [104 - 106]:
The standard of
review was determinative, because a «good faith» determination in this context is a discretionary call for the lower court and reviewed under the abuse of discretion standard.
In question is whether the Federal Court of Appeal was wrong to find that a change in ministerial
responsibility was the determinative factor in interpreting s. 34 (2) of the IRPA and if the court unlawfully restrained the discretion of the minister by limiting the interpretation of «national interest» to issues of national security and public danger.
In reliance upon AF, it was argued before the court in Horncastle that the decision of the ECtHR in Al -
Khawaja was determinative of the issue.