Sentences with phrase «unusual circumstances of this case»

The Judge noted that while he has jurisdiction to strike out a party's pleadings under Rule 14 (23) of the Family Law Rules, this would be inappropriate in the unusual circumstances of this case (since the matter would be going to trial).

The panel members seemed to think that under the unusual circumstances of my case, where the original sentencing judge has since retired, vacating and remanding for a full re-sentencing might be more appropriate but my sense was that they would prefer «reconsideration» in the typical case.

He thought [85] such causal questions «issues of legal policy in disguise... better answered by asking whether, all things considered, the defendant should be held liable for the harm which ensued» and «whether, in the unusual circumstances of this case, justice requires the normal approach to causation to be modified».

Not exact matches

As it turns out, these poor fellows may not have been vagrants but merely exercising their constitutional rights: The Obama Administration recently filed a legal brief in a case out of Boise arguing that, in certain circumstances, outlawing sleeping in public violates the Eighth Amendment proscription against «cruel and unusual punishment.»

This sort of locally strong independent (or minor party candidate) taking advantage of unusual circumstances is, I think, the one case for which AV would have made a big difference.

The IPCC deputy chair wrote: «While the circumstances of this case may have been unusual, it is not at all unusual for the IPCC to disagree with the findings of a supervised investigation.

The mission of CFS is to provide excellent laboratory services in support of the administration of justice and public safety for the citizens of Ontario by: 1) providing scientific examinations and interpretations in cases involving injury or death in unusual circumstances, and in crimes against persons or property; 2) presenting independent objective expert testimony to courts in Ontario; 3) conducting research; and 4) presenting educational programs on forensic science for agencies using forensic science services.

Forbearances are granted at the lender's discretion, usually in cases of extreme financial hardship or other unusual circumstances when the borrower does not qualify for a deferment.

In fact the only cases I can think of where no deal was possible, was because there was something unusual about the circumstances; for instance Fred borrowed $ 20,000 to buy a pick - up truck from T.D but he didn't actually buy the pick - up truck.

[3] In the «unusual circumstances» presented by the New Hampshire case, the Court used the doctrine against the State of New Hampshire, which had clearly and unequivocally argued a different interpretation of the phrase «middle of the [Piscataqua] river» in a separate 1977 consent judgment concerning border rights with Maine.

The cover letter may also include a brief summary of the theory of the case including liability and damages, where the case is at in the litigation, what immediate action is necessary, and any unusual circumstances.

In reality, however, such cases wherein reinstatement actually takes place are fairly rare, because it becomes quite unusual for the aggrieved employee to opt for this solution, given the circumstances of the dismissal.

Case law highlights what would be deemed suspicious circumstances, for example radical changes to previous wills without explanation, errors and / or spelling mistakes, unusual behaviour of the testator and using witnesses who are not independent.

[40] The circumstances of this case are not unusual.

The circumstances of asbestos exposure in this case are unusual in that they do not involve exposure in the course of employment.

After considering other available remedies, including a reduction of sentence and the possibility of legal or disciplinary proceedings against Mr. Asselin, the trial judge held that a stay of proceedings was the only appropriate remedy in the unusual and troubling circumstances of this case.

It has long been the case that a claim can not be brought in negligence against the police, where the danger is created by someone else, except in certain unusual circumstances such as where there has been an assumption of responsibility.

Extenuating circumstances may involve details of your case that make it unusual, or even your general demeanor and attitude through throughout the process.

Footnote 17 of the Papadopoulos case notes that perhaps should be the case that, «in the absence of unusual circumstances, a property owner, in fulfilling the duty owed to invitees upon his property to exercise reasonable diligence in removing dangerous accumulations of snow and ice, may await the end of a storm and a reasonable time thereafter before removing ice and snow from outside walks and steps.»

[26] The one circumstance which I agree made this case somewhat unusual was the fact that the defendant apparently took a very heavy interest in this case, to the point of following her neighbour (the plaintiff) about and gathering evidence to challenge her claims of disability.

Her particular areas of expertise are wills, covering areas such as tax planning, providing for disabled beneficiaries and other complex or unusual circumstances, administration of estates, including high net worth cases involving agricultural and business property, deeds of variation and elderly client issues, including community care, asset protection trusts, powers of attorney and court of protection.

The husband's argued that, having regard to case law, an open - ended award in respect of bonuses was highly unusual and unjustified given the circumstances of the case.

However, this case, although unusual, provides a useful illustration of how the court may take into account a wide range of relevant factors, including the terms and circumstances of the offer, when determining whether it would be unjust for the normal costs consequences to apply.

Her Ladyship held that the circumstances leading up to the collision in this case were unusual and had additional features to those found in a more usual type of road accident.