Search - connection

Requiring a military connection test is unlikely to result in further backlogs in civilian courts. ... Supreme Court later overruled O’Callahan and jettisoned the “service-connection” test in Solorio v. ... With these concerns as our guide, we turn next to discussing the military connection test.   ...

Whereas prolonged delays can obscure this connection and dilute the effectiveness of any disposition, timely intervention reinforces it. ... This is so for at least five reasons. [51]                          Reinforcing the connection between actions and consequences. ... Whereas prolonged delays can obscure this connection and “dilut[e] the effectiveness of any disposition”, timely intervention reinforces it (P. ...

Something more would be needed: some real connections to the country of residence. ... In the absence of such connections, the residence state’s greater claim to tax would retreat so that the connection between the source state and the immovable property would prevail. ... This connection between the income and the residence state forms the economic basis for residence state taxation. ...

The real and substantial connection test is not a principle of legislative jurisdiction; it applies only to courts. ... Cal. 1997), the plaintiff had videotaped riots that occurred in Los Angeles in connection with the  Rodney King assault case.  ... Whether or not a real and substantial connection exists will turn on the facts of a particular transmission (Braintech, supra).  ...

The integral connection test superimposes an additional test onto the pith and substance test; it speaks not to whether a particular activity falls within s. 91(10), but to the depth of the connection between that activity and the federal power over navigation and shipping. ... (b)           The Integral Connection Test [50]                           The integral connection test has a long pedigree in the Court’s jurisprudence. ... The integral connection test speaks not to whether a particular activity falls within s. 91(10), but to the depth of the connection between that activity and the federal power over navigation and shipping. ...

I note the general nature of the remarks made by McIntyre J. in this connection. ... In this connection it will suffice to refer to Symes and Tétreault-Gadoury to see that reviewing the legal context as a relevant aspect of an analysis under s. 15(1)   of the Charter   will not require each time that the court consider all the government programs or legislation that may have some connection with the disputed provision.       ... Having said that, I am not prepared to conclude that the impugned legislation entirely fails the rational connection test. ...

As long as a reasonable connection is shown, that will suffice.  The evidence in this appeal fails to disclose any correlation between the amount charged for grants of letters probate and the cost of providing that service, indicating that the levy is a tax and not a fee.  ... As long as a reasonable connection is shown between the cost of the service provided and the amount charged, that will suffice.  ... The words “for”, “in connection with” and “in respect of” are words of very broad signification, and the obligation to pay the prescribed fee can be in relation to an enormous variety of “things”, “services”, and “proceedings”.   ...

Thus, the MIP had to point to an extracontractual fault or breach of contract, compensable damage, and a causal connection between the two. ... To succeed in their actions, they will have to prove fault, damage and a causal connection between the two. ... It is true that the MIP contains few specific allegations concerning the mandates given by Fiducie and their connection with the alleged breaches. ...

The purpose of a conjunction, as we know, is to establish a connection, not a breach.  ... Here the logical connection between the two propositions would be that the payment of taxes and compensation for the use of water are directly connected with the municipality's refusal to warrant its quantity.  ... Section 3 also indicates that the exemption clause is not absolute:  [TRANSLATION] "All work in connection with the said waterworks shall be done by the owner, at his own expense and risk . . . ...

There is still another provision to be noticed and that is sub-paragraph (i) of paragraph 1 by force of which the Company covenants that, (i) Costs and expenses to be deducted from the Sixty-seven (67%) per cent of production or Sixty-seven (67) units of production as herein set out shall be all costs, charges and disbursements in connection with the producing of the well and obtaining production therefrom, after the well has been brought into production, and in particular shall include the cost or price of production equipment such as storage tanks, separators, pump lines, boilers, pumps, meters, gauges, and all other appliances incidental to profitable production of the said well and installing, setting up and equipping the same, also insurance, taxes, rates, assessments nor/or [Page 390] hereafter levied, labour, and a reasonable charge for management, also including the cost of marketing in the event of the Operator being unable to sell the production wholesale. ... Head’s agreement is dated the 7th of June and he was to proceed to drill a well and the consideration he was to receive by article 21 of the agreement was $15,000 in cash and a further sum of $15,000 in respect of which the article provides as follows: The remaining balance, namely, Fifteen thousand ($15,000.00) Dollars is to be paid out of the sale of production at the rate of Two Thousand ($2,000.00) Dollars per month, but not to exceed forty per cent (40%) of the net production coming to the Owner after the payment of all royalties in connection with the said wells. ... The balance of the contract price, that is, a further sum of $15,000, was to be paid “out of the sale of production” at the rate of $2,000 per month but not in excess of 40% of the net production coming to the company after the payment of all royalties in connection with the said well. ...