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19 Mar 2015, 6:00 am by Administrator
The Supreme Court of Canada has stated that “[t]he Charter does not confer a freestanding constitutional right to health care. [read post]
11 Dec 2014, 11:53 am
“Now the court is saying that that discretion is fettered. [read post]
27 Nov 2014, 12:36 am by David Smith
I do wonder whether in practice this might be enough of a fetter on s21 to be seen as a breach of Article 1, Protocol 1 of the ECHR but that may be a stretch! [read post]
22 Aug 2014, 2:01 am by Kevin LaCroix
Because I am based in the United States and because my experience has been concentrated in the U.S., my focus in this blog has primarily been on issues and developments in the U.S. [read post]
2 Aug 2014, 11:22 am by Giles Peaker
The Supreme Court went further, to state that these tests should not be a fetter on the Court’s discretion but a guide, Failing one of the tests, for example, may not necessarily mean an injunction should be granted. [read post]
16 Jul 2014, 8:23 am
 (Fetter's Est., 151 Pa.Super. 32, 29 A.2d 361 (1942)).We also need to differentiate cases where an executor is being sued for his services as executor. [read post]
7 Apr 2014, 9:00 am
In that email, Mr Perry stated that he had received a letter purported to come from Judge Hacon himself. [read post]
24 Jul 2013, 12:00 am by Laura H. Juillet
The European Court of Justice (the “ECJ”) has handed down its judgment in a key, long-running TUPE case – Alemo-Herron v Parkwood Leisure Ltd. [read post]
21 Jan 2013, 1:25 am
The twitching was erroneous in Rocknroll v News Group Newspapers Ltd [2013] EWHC 24 (Ch), a Chancery Division (England and Wales) decision of Mr Justice Briggs last week that had no shake-rattle-and-roll in it at all. [read post]
11 Nov 2012, 4:15 pm by NL
As the review states, the decision is that the offer is suitable now and at the time she returns to work. [read post]
11 Nov 2012, 4:15 pm by NL
As the review states, the decision is that the offer is suitable now and at the time she returns to work. [read post]
9 Sep 2012, 9:57 pm
Thus, this Court finds no error in Supreme Court's refusal to apply the reasoning of Matter of Muntaqim v Herbert to the facts of this case. [read post]
15 Jul 2012, 1:01 pm by Eoin Daly
Alas, the Constitution has been dubiously invoked, yet again, as an overarching fetter upon political choice. [read post]
8 Jul 2012, 6:15 am by V.D.RAO
The statement adverts to the judgment of the Supreme Court inMardiaChemicals Ltd. v. [read post]
25 Jun 2012, 10:39 am by Geoffrey Rapp
Shaft, Implementing the settlement of State of North Dakota v. [read post]
27 Apr 2012, 3:02 am by tracey
Regina (Rudewicz) v Secretary of State for Justice (Save Fawley Court Committee and others, interested parties) [2012] EWCA Civ 499;  [2012] WLR (D)  121 “It was for the Secretary of State of Justice, as the licensing authority for the exhumation of human remains (other than the power of a consistory court to grant a faculty to exhume human remains interred in consecrated ground of the Anglican Church), to determine on what grounds and in… [read post]
16 Apr 2012, 8:47 am by Rosalind English
That was unlawful, since the secretary of state had thereby fettered his discretion. [read post]