Aviva vs. Pastore
In the Battlecard, you mention: "Under division court, judge states the delegate exceeded jurisdiction" - Can you provide more context? THank you
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In the Battlecard, you mention: "Under division court, judge states the delegate exceeded jurisdiction" - Can you provide more context? THank you
Comments
In the source, it's says "The court held unanimously that the Director's delegate acted outside the mandate of subsection 2(1.1)(g) of the SABS, and consequently outside his jurisdiction by failing to follow the process in the Guides which directs that pain associated with physical injury be separated from that associated with mental behavioral disorders" Basically the judge said it is not within their scope to make that call
I have another question about this case. Might as well ask it here instead of creating a new post.
One of the issue with this case is whether the physical and psychological pain should be assessed separately. I'm not sure what was the conclusions for this issue, the rulings in the text are a bit intertwinded and I struggle a bit to interprete them.
From what I understand, according to the Guide, they should be assessed separately, but they are hard to separate. The first ruling didn't consider that separately at all, whille the second said that even though they are hard to separate, we should at least not ignore at all the fact that they should be separated.
That's about as far as I understood it, but I'm not really convinced. Do you have a better description of the rulings related to this issue?
Did you read the Battlecard for Aviva vs Pastore? It summarizes the conclusion really well + the sample answers from the related past exam question is quite succinct in its summary
is pre-ruling or ruling 1 the original court decision?
The divisional court ruling