Sentences with phrase «under appeal so»

The Court decisions regarding the first version are still under appeal so everything could be upset by later rulings on the first version.

Not exact matches

But for good measure, and given the risk of appeal, Justice Macintosh went on to give his reasons denying Burnaby's application and for supporting the NEB's reasoning in its Ruling No. 40 concluding (at para 80) that «under both... paramountcy and interjurisdictional immunity... Burnaby is precluded from seeking to apply its bylaws so as to impede or block any steps Trans Mountain must take in order to safely prepare and locate the Expansion Project.»

By nature, the present President of America has that element in him — I should not be saying this but I am being inherently made to convey this as comment of exception for America and for Obama whose whole (Obama and his better half) stand as an extension through the ex Presidential candidate's Charisma Of the Secretary Hillary Clinton that President Obama's Charisma has selflessly absorbed for function in the cabinet gracefully for America and the world.That shows the humbleness of President Obama and maturity of Hillary Clinton of acceptance without a feeling of high and low of ego regarded as exceptional in Divinity.I was not supposed to make this comment and I have done so to urge the Republicans to accept their Light within of consensus through individual projections under control as Obama's gesture of bipartisanship that will come to address.In short, this comment is all about health and health care where economics alone does not come into the picture with a rigorous analysis on it but should also extend as leverage to the person in play (Obama) who is also selflessly poised with corrections on it over the infra structure of it that he has proposed for approval as ego of his working element as the executive public ally chosen as the President that had appealed to the public at large voting even putting behind able dleaers like McCain?George W Bush was the last to steer America into the Light over the past of America and that stands as the subtle truth even today as on date with Bill Clinton the ex President of America giving support through his excellent independent caliber for Obama ultimately to head the show of America that was time bound of its reality that sees no barriers and to which he accepted well in his individual capacity as the free lance ex President of America.

First, Aristotle has in mind, under the heading of «witnesses» (martures) not narrators of things seen so much as moral authorities appealed to by the orator.

«We are also introducing a new criterion about advertising design, which will build on existing restrictions on placement: marketing communications for products that do not meet nutrition criteria will also have to be designed so as not to be of primary appeal to children under twelve.

not really making the news, the atmosphere on last wednesday was really strange, silent, step by step to normal football, but you can't throw away your thoughts immediately, I just got a glimpse of Enkes personality during a film of him shown before the match, I can't realize how hard it must be for his wife to lose him, tomorrow the players of Germans first Bundesliga will wear a black ribbon again, but I think it won't affect the atmosphere like it has with the national team despite of Hannover of course, people will be enthousiastic again, but there is the idea of an «Enke donation» which I like, will keep his name alive, will take some positive emotions on this tragedy and a kind of appeal for everyone to reflect the important things of life and control your own behaviour, I hope so at least, and I hope his wife will cope with that situation, and again: it was really hard for the German nationl team to play under these circumstances, to lose someone close in this way is hard to deal with, on the other hand it causes a close solidarity feeling I think, but of course the world will not change, things are returning to the old soon, but nonetheless for me this tragedy is a kind of human wake - up call, at least a call and then you continue

Under 2.75 goals appeals to me and so does the home side on the handicap line making them the side to be on here.

So until our supporters have some way other than the Like button to indicate that they care about a story, advocacy appeal or other distressing Facebook post, much of what advocates post by necessity is going to under - perform the latest cute cat photo.

Giving the lead judgement, master of the rolls Lord Dyson found the rules governing the appeals process under fast - track were «systemically unfair and unjust» because «the time limits are so tight as to make it impossible for there to be a fair hearing of appeals in a significant number of cases».

The NYC Department of Education rejected requests for space made by a dozen charters so far this school year, forcing them to file appeals in Albany for relief under the state's charter - school siting law.

I received the petition of the lawyers from the three and they stated all the grounds for which they thought that I should invoke my powers under article 72, narrating every step of the way; the regret they had shown and appealing for mercy; and so I did exactly what the Constitution said I should do.»

Simpson and Shue said NYPA resisted a request made in October by the opponents» group to release the RFP under the state Freedom of Information Law, doing so only after their group appealed to the state Committee on Open Government, which in November said the information should be released under the law.

of appeals against permanent exclusions, reinstatement was upheld so that pupils could return to the scene of their offences with impunity, most of them having nothing to do with SEN. Does the Minister think it right that a pupil who has been excluded for violent crime, racist or sexual abuse should be readmitted to schools under any circumstances against the better judgment of the head or the governors?

This is an appealing prospect, but so far device - independent quantum cryptography has been mostly a theoretical construct, with experimental requirements that are not achievable under realistic conditions.

I have a cough and am a bit under the weather so this broth - y soup with it's tart lemon and the goodness of greens and lentils seems just the thing to appeal.

I am thrilled there are so many fall handbags under $ 1000 for fall 2017 which have an IT factor, as well as timeless appeal.

But on the opening day of its new term, the high court let stand a federal appeals court ruling that said districts in most instances can not be held liable for so - called peer harassment under Title IX of...

In 2001 only the federal appeals court covering the states of Connecticut, New York, and Vermont had upheld the use of race in student assignment or magnet school admissions in school districts not already under court order; it did so on the grounds that the state had a compelling interest in racial diversity.

The appeal of the Scion iM starts with a price under $ 20,000 so it's easy on your wallet.

But what makes the Golf so appealing is how docile it remains under low throttle inputs — it feels no less smooth and easy to drive than the standard car.

The Andaz prices these rooms only slightly under what is charged for the real standard rooms (which are far more appealing) so they don't often get booked by those paying with cash.

In order to vary the Dynasty Warriors series, and appeal to those that so quickly write off the series, developer Omega Force has been blending the game's hack - and - slash gameplay with strategic elements under the Empires banner.

His paintings are so appealing at first sight, as delightful coloured patterns with pleasing figurative imagery, that many look no longer, or see no further, and for them the magical metamorphosis does not take place; they do not find that they are standing on a little terrace under a walnut tree looking through an overgrown garden straight towards the afternoon sun which is sparkling on the Seine below them, and all looking not as it would to them, but more mysterious, more overpowering, fuller of space and light and colour and overwhelmingly real and harmonious.

At the time of writing, the Ping case is under appeal to the Competition Appeal Tribunal, so we will have to wait and see whether the judgment in that case provides any additional clarity in thisappeal to the Competition Appeal Tribunal, so we will have to wait and see whether the judgment in that case provides any additional clarity in thisAppeal Tribunal, so we will have to wait and see whether the judgment in that case provides any additional clarity in this area.

So far, the television programme has not had to alter its name for broadcast in the UK, under direction that the High Court order would not take effect until the Court of Appeal had reconsidered the issue.

«The government clearly heard our perspective and adopted a balanced approach: There will be limited patent - term extensions in specified circumstances and a so - called «right of appeal» for brand - name manufacturers in applications under the Patented Medicines (Notice of Compliance) Regulations.»

The WSIB Appeals Resolution Officer (ARO) first had to decide whether this case should be adjudicated under the construction regulations, and if so, which construction regulations applied (1992 or 2008).

In addition to providing an overview of new accident benefits arbitration process under the License Appeal Tribunal (LAT), which came into effect on April 1, 2016, Michelle will share valuable anecdotal discussion of what counsel have experienced so far on both sides, such as evidentiary and production issues at the case conference stage and before a hearing, what evidence adjudicators are looking for or emphasizing, the format of the hearing (written, oral, hybrid), witness issues, etc..

(6) Where a local authority refuse an application for a licence under section 37 of this Act or revoke or, otherwise than on the application of the holder, vary such a licence they shall state their grounds for doing so in writing to the applicant or, as the case may be, the holder of the licence; and the applicant or holder may appeal to a magistrates» court or, in Scotland, the sheriff, against the refusal, revocation or variation, and against any condition subject to which the licence is granted or any approval is given, not being a condition which the local authority are required to impose.

I take from this that the Court of Appeal for Ontario is generally open to allowing the greater use of electronic documents within appeals, provided practices with respect to the use of electronic documents develop carefully, and — where the practice is a marked changed from the norm — under the vigilant eye of the court so that fairness and the proper hearing of an appeal are asAppeal for Ontario is generally open to allowing the greater use of electronic documents within appeals, provided practices with respect to the use of electronic documents develop carefully, and — where the practice is a marked changed from the norm — under the vigilant eye of the court so that fairness and the proper hearing of an appeal are asappeal are assured.

The courageous argument of the tenants — or at least one of the two who participated in the second tier appeal, the landlords being unrepresented after two previous outings at which they were victorious and submissions being made by an advocate to the court — was that the landlords had been under an obligation to mitigate their loss and had failed to do so by forfeiting the lease despite knowing of the tenants» plight.

The Federal Court of Appeal had to decide whether the agreement qualified as a unanimous shareholders» agreement («USA») under the Canada Business Corporation Act, and if so, whether the voting restrictions ought to be considered part of the USA.

The Court held that the appellants» Convention rights had been breached by the manifestly unfair process in the court below, so they had a right to appeal under the Human Rights Act 1998.

As far as the claims under EU law were concerned, it was common ground before the Court of Appeal that, so far as relevant to the instant case, Article 47 of the Charter had the same substantive content as Article 6 of the Convention.

Conversely, even if the employer did not control the work place, the Appeals Officer recognized that an employer could ensure the safety of the equipment being used by its employees, as required under paragraph (t), so long as it controlled the employees» activity.

(2) Sections 109 (constitutional questions) and 123 (giving decisions), section 125 and subsection 126 (5)(language of proceedings) and sections 132 (judge sitting on appeal), 136 (prohibition against photography at court hearing) and 146 (where procedures not provided) also apply to proceedings under the Criminal Code (Canada), except in so far as they are inconsistent with that Act.

The Court of Appeals ruled that the liquidated damages under the contract were so disproportionate to any actual damages that they were unenforceable penalty.

In doing so, the Court of Appeal held that PIPA is applicable because a labour arbitrator is an «organization» under s. 1 of PIPA.

The ruling, which allowed a trans woman to pursue a disability discrimination case under the Americans with Disabilities Act, is not binding in New Jersey federal cases right now, but it could become so if the Third Circuit of Appeals reaches the issue and adopts the lower court's conclusion.

It's under appeal, that decision is under appeal, so, we'll see what happens.

Finally, the Court of Appeal found that, notwithstanding the Appellants» assertion that they sought declaratory relief only, the claim really sought «consequential relief» in the form of damages and so the exception under s. 16 (1)(a) of the Limitations Act, 2002 does not apply.

On appeal, the First Circuit certified three questions to the Massachusetts Supreme Judicial Court: (1) whether an insurer owes a duty under an insurance policy or the Massachusetts «in for one, in for all» rule to prosecute an insured's counterclaim; (2) whether an insurer owes a duty to fund the prosecution of an insured's counterclaim as part of «Defense Costs;» and (3) when such a duty might give rise to a conflict of interest, so that the insured is entitled to separate counsel at the insurer's expense.

Daniel B. Rodriguez: And is that also true if and when the case goes to appeal, so if it goes up to the Federal Appellate Court, is the Federal Appellate Court too required under habeas doctrine to defer to the judgments of the State Courts?

The appeal dealt with (i) the required contents of a notice of rescission under the Condominium Act, 1998 (SO 1998, c 19)(the «Condominium Act»), and (ii) whether the two - year limitation period for a notice of rescission under the Act is trumped by the more extended limitation period under the Real Property Limitations Act (RSO 1990, c L. 15)(the «RPLA»).

C.A. dismissed the appeal, finding that, in the absence of the Crown as a participant in the original application, the NEB was not required to determine whether the Crown was under a duty to consult, and if so, whether the duty had been discharged.

The threshold for the level of the risk of harm sufficient to trigger the duties under reg 4 was not found to be a high one by the Court of Appeal — reg 4 would apply wherever a residual risk of harm existed, provided that such harm was not de minimus or so trivial that it ought rightly to be ignored.

We have seen the Court of Appeal's rejection of the appeal in the case of British Airways and the employee wanting to wear a cross necklace in defiance of the company's dress code (Eweida v BA plc [2010] EWCA Civ 80, [2010] All ER (D) 144 (Feb)-RRB- and also that court's decision in the Buckland case which was widely reported in the press in terms of «Professor wins case about dumbing down university degrees» but which was of much greater legal significance for ridding the law on constructive dismissal of the heresy that the range of reasonable responses test applies to such dismissals, under which the ex-employee could only succeed in showing constructive dismissal if he could prove that the employer's behaviour was so bad that no reasonable employer could possibly have behaved in that way, ie that the employer had not just behaved as too much of an Alan (B'Stard) but as a grade one Olympic standard Alan (Buckland v Bournemouth University [2010] EWCA Civ 121, [2010] All ER (D) 299 (Feb)Appeal's rejection of the appeal in the case of British Airways and the employee wanting to wear a cross necklace in defiance of the company's dress code (Eweida v BA plc [2010] EWCA Civ 80, [2010] All ER (D) 144 (Feb)-RRB- and also that court's decision in the Buckland case which was widely reported in the press in terms of «Professor wins case about dumbing down university degrees» but which was of much greater legal significance for ridding the law on constructive dismissal of the heresy that the range of reasonable responses test applies to such dismissals, under which the ex-employee could only succeed in showing constructive dismissal if he could prove that the employer's behaviour was so bad that no reasonable employer could possibly have behaved in that way, ie that the employer had not just behaved as too much of an Alan (B'Stard) but as a grade one Olympic standard Alan (Buckland v Bournemouth University [2010] EWCA Civ 121, [2010] All ER (D) 299 (Feb)appeal in the case of British Airways and the employee wanting to wear a cross necklace in defiance of the company's dress code (Eweida v BA plc [2010] EWCA Civ 80, [2010] All ER (D) 144 (Feb)-RRB- and also that court's decision in the Buckland case which was widely reported in the press in terms of «Professor wins case about dumbing down university degrees» but which was of much greater legal significance for ridding the law on constructive dismissal of the heresy that the range of reasonable responses test applies to such dismissals, under which the ex-employee could only succeed in showing constructive dismissal if he could prove that the employer's behaviour was so bad that no reasonable employer could possibly have behaved in that way, ie that the employer had not just behaved as too much of an Alan (B'Stard) but as a grade one Olympic standard Alan (Buckland v Bournemouth University [2010] EWCA Civ 121, [2010] All ER (D) 299 (Feb)-RRB-.

The Court of Appeal overturned the initial decision, concluding that without leave having been obtained, no cause of action under s. 138.3 was being «asserted» so as to engage s. 28 (1) of the CPA.

That is obviously so, but one might have thought that in interpreting the wording of appeal provisions in both the lease and the arbitration agreement, one should have regard to the fact that under the original lease and the arbitral statute then applicable, there were full rights of appeal.

And this is what I understand to be the meaning of our lawyers, when they say that these civil corporations are liable to no visitation; that is, that the law having by immemorial usage appointed them to be visited and inspected by the king their founder, in his majesty's court of king's bench, according to the rules of the common law, they ought not to be visited elsewhere, or by any other authority.53 And this is so strictly true, that though the king by his letters patent had subjected the college of physicians to the visitation of four very respectable persons, the lord chancellor, the two chief justices, and the chief baron; though the college had accepted this carter with all possible marks of acquiescence, and had acted under it for near a century; yet, in 1753, the authority of this provision coming in dispute, on an appeal preferred to these supposed visitors, they directed the legality of their own appointment to be argued: and, as this college was a mere civil, and not an eleemosynary foundation, they at length determined, upon several days solemn debate, that they had no jurisdiction as visitors; and remitted the appellant (if aggrieved) to his regular remedy in his majesty's court of king's bench.