Sentences with phrase «ultimate determination of»

A chambers judge's assessment of the facts based on the record before the chambers judge, the application of the law to those facts and the ultimate determination of whether summary judgment is appropriate are all reviewed for palpable and overriding error: Amack v Wishewan, 2015 ABCA 147 (CanLII) at para 27, 602 AR 62.

The chambers judge's assessment of the facts, the application of the law to those facts, and the ultimate determination of whether summary judgment is appropriate are entitled to deference: Hryniak v Mauldin, 2014 SCC 7 (CanLII), [2014] 1 SCR 87 at paras 81 - 84; Windsor v Canadian Pacific Railway Ltd, 2014 ABCA 108 (CanLII) at para 10, 371 DLR (4th) 339.

When the resident commenced his application under the Human Rights Code, he also requested as an interim remedy, that he be allowed to transport his dog in the common elements without a carrier, pending the ultimate determination of his human rights complaint.

The ultimate determination of the existence of a duty of care will be determined by a trial judge based on the full evidentiary record (including a consideration of any residual policy considerations that may override the prima facie duty of care).

Grades are not the ultimate determination of success, but they will assist in your job search.

She said benchers decided that the «ultimate determination of the requirements for academic qualifications may not be delegated.»

The State Department's review of the Presidential Permit application for the proposed project — and the ultimate determination of whether granting a permit serves the national interest — will take a number of factors into consideration, including the national security of the United States.

He stated that charter schools are held to a high level of accountability and argues that a school's academic performance should be the ultimate determination of its fiscal responsibility.

What he offers, finally, is a way of presenting man to God without displacing God's ongoing independence as a subject eternally free both for his own self - determination and the ultimate determination of all else in the universe.

Not exact matches

The ultimate weakness of the earlier appeal to some immediate and privileged intuition of the essence of experience was precisely its inability to provide such a determination.

This creativity is itself an ultimate that can not be traced to a cause transcending itself with the exception of its formal determination which arises in the creature from God's «primordial nature» but which the creature again freely takes over.

Even though the objectifications, as early phases, make up the actuality of the newly arising entity, they must at the same time be regarded as potentialities insofar as the form of their ultimate incorporation into the new entity is not yet fully determined, and will experience its determination only in the process of concrescence.

So far as there is conscious determination of actions, the attainment of this conformity is an ultimate premise by reference to which our choice of immediate ends is criticized and swayed.

Now the final state of an occasion's process is its determination of value, its ultimate decision of its own significance, resulting in its satisfaction.

From Incarnation to culture is a straight line, for the determination of God to embody his ultimate Word places man's relation to that Word inextricably in the web of historical circumstances.

Moving marginally beyond Moltmann, Alves represented God as a presence of the ultimate Future putting pressure on the present to move toward the «new tomorrow» that is, in fact, «the sole determination of the present.»

The occasion's core of decisiveness cuts off all ambiguity in an act of ultimate determination.

First, we must show that men are free, so that the ultimate cause of their actions can not be placed outside their own self - determination.

The attempt to define «pure potentiality,» as an ultimate range of possibility that has no restrictions (where anything at all is possible), rather than defining it as the supreme range of possibility presented by the cosmically complex and inclusive determinations of the divine series, will always fail.

Legal precedent and conflicting philosophies regarding joint custody notwithstanding, the ultimate determination still rests upon the best interests of the child.

Although in the vast majority of cases, chest pain in pregnant women has a relatively harmless cause, only your health care provider can make the ultimate determination.

«There is no better example of the very best in journalism than that provided by Marie Colvin, whose determination to illuminate events in the most dangerous corners of the world... and the ultimate sacrifice she made in doing so all underline the need to preserve and protect free speech and a free press.»

But if you do not have the determination, motivation and do not put in the amount of effort needed for six packs, achieving this symbol of of your health and fitness, ultimate six pack abdominals might be impossible to achieve.

The Proxy Committee has the ultimate responsibility for making the determination of how to vote the shares to seek to maximize the value of that particular holding.

Those that finish Survival on Hard Mode will unlock Crushing Mode, which as the name suggests, is the ultimate test of your will and determination.

However chilling the effect of such government scrutiny upon his art and life, Norman's paintings stand as a testimony to his talent, determination, unfaltering conscience, and to his ultimate belief in humanity.

The 2015 Sackler Center First Awards honored Miss Piggy — icon, ultimate diva, and star of stage and screen who, for over forty years, has been blazing feminist trails with determination and humor, all while inspiring generations the world over.

These early stages are intended to effectively limit the number of cases that move on to stage 2 (conciliation and case management) and stage 3 (judicial consideration of documents and ultimate determination) of the OC process.

The determination by the expert is not conclusive of the ultimate question of whether the accused was driving while impaired by a drug; their task is to determine whether the evaluation indicates drug impairment; the expert evidence can not presume the ultimate issue of guilt; it is «merely one piece of the picture for the judge or jury to consider.»

So it's extremely important work and the cases that are there are the cases that end up going to the Supreme Court of Florida for their ultimate review and determination.

It is for the judge to decide whether a report is needed (para [45]-RRB- and if it would be likely «to assist the efficient determination of the case, the judge should admit it» (para [47]-RRB-; though the ultimate decision is for the court not the expert.

The proper approach to the determination of the issue As she had done in Aintree v James, Lady Hale took matters back to first principles, by reference to the legislative history of the MCA (and, indeed, its pre-history, including — in essence — a potted narrative of the development of the doctrine of necessity and its ultimate codification).

It only held that a material dispute of fact existed regarding the defendant bar's knowledge and held that a jury should make the ultimate determination.

An agency's determination in a final agency action to apply an adverse inference to a defendant's invocation of his right to remain silent is an ultimate conclusion of fact under the APA.

[44] Considering the marginal difference between the Defendant's Offer and the ultimate award, this factor is of little significance in my determination...

The alternative is to involve the Government party and the Grantee in proceedings, submissions and the acquisition of evidence without knowing the issues involved, thereby giving rise to unnecessary cost and delay in the ultimate determination.

It enables the Government party and the Grantee to make appropriate submissions and provide appropriate evidence relevant to the ultimate determination and for the inquiry to proceed from the outset with knowledge of the issues between the parties.