Sentences with phrase «civil remedy for»

BY SIMRAN BAKSHI, STUDENT - AT - LAW, WISE LAW OFFICE The enactment of section 46.1 of the Ontario Human Rights Code in June of 2008 provided for a much - awaited civil remedy for human rights claims.

in June of 2008 provided for a much - awaited civil remedy for human rights claims.

261 No civil remedy for an act or omission is suspended or affected by reason that the act or omission is an offence under this Act.

That is in s 2, with s 3 only then going on to tack on a civil remedy for damages.

A civil remedy for an act or omission is not affected by reason only that an order for restitution under section 738 or 739 has been made in respect of that act or omission.

The primary goal of the DDLA is to provide a civil remedy for damages to those who are injured as the result of someone else's use of illegal drugs — parents, employers, insurers.

[63] This guidance from the Supreme Court explains that the protection of free speech is not intended to be at the expense of a wrongfully defamed person's ability to obtain a civil remedy for the tort of libel.

● Section 3 of PHA 1997 provides a civil remedy for anyone who is the subject of actual or apprehended harassment under PHA 1997, s 1.

Civil remedy not affected 741.2 A civil remedy for an act or omission is not affected by reason only that an order for restitution under section 738 or 739 has been made in respect of that act or omission.

This has now changed under the Defend Trade Secrets Act which provides a federal civil remedy for the misappropriation of trade secrets.

The starting point is the Criminal Code which provides that «[n] o civil remedy for an act or omission is suspended or affected by reason that the act or omission is a criminal offence».

A civil remedy for the growing area of privacy rights was desperately needed, but it was uncertain how extensive this tort would be used.

There is, of course, a civil remedy for defamation; and a remedy for breach of privacy is developing fast.

The lawsuit was filed under the state's Civil Remedy for Protection for Animals statute (Chapter 19A), a North Carolina law that allows a private citizen or organization to file suit to stop animal cruelty.

The Court noted that refusal to comply by occupiers would likely result in civil remedies for contempt of court.

Accessible civil remedies for negligence and breach of other duties owed, disciplinary sanctions for misconduct, and advancement of appropriate preventive or wellness programs

Jeff Dion, director of the National Crime Victim Bar Association, explained the importance of civil remedies for crime victims in a Slate article:

Such activity, if unlawful under statute, may also give rise to statutory civil remedies for the victim, including a statutory civil cause of action or grounds for injunctive relief to be granted by the courts.

I. Accessible civil remedies for negligence and breach of other duties owed, and 16 disciplinary sanctions for misconduct, and advancement of appropriate preventive or wellness programs.

Not exact matches

Enforcement: Ensures strong and robust rules for the civil, criminal and border enforcement of IP rights, including appropriate remedies to combat trade in counterfeit and pirated goods in line with Canada's Combating Counterfeit Products Act; Contains border enforcement measures so that border officers can detain suspected counterfeit or pirated goods in a manner consistent with Canadian law.

• A «comprehensive civil remedies statute» should be enacted to give American citizens clear claim for litigation against the government.

Icelandic Glacial reserves the right to enforce its intellectual property rights to the fullest extent of the law, including but not limited to seeking remedies under civil or criminal law for such violations.

He held that the legal system had provided remedy for a suspect in the civil suit for relief from malicious process «if after the investigation with or without arrest and detention» or «after the trial the evidence does not establish the guilt of the suspect.»

In August 2016, the National Consumer Law Center (NCLC)-- supported by nearly 40 other public interest groups, including the American Civil Liberties Union (ACLU)-- sent a letter to Education Secretary John King demanding the department track and remedy the disproportionate consequences of student loan debt for borrowers of color.

Currently, parents may choose a better school when their child's school fails to make AYP, but as the Lawyers» Committee for Civil Rights Under Law has called it, the choice option is «a right without a remedy.»

«Betsy DeVos has rolled back the practice of probing civil - rights complaints for evidence of larger, systemic violations, which means that students who are harmed by state and local civil - rights violations will be far less likely to see those abuses remedied,» says Jeffries.

William Bradford Reynolds, the assistant attorney general for civil rights, said that the Justice Department's practice of seeking desegregation remedies other than the mandatory busing of students «is not evidence of any decision to countenance unlawful school segregation.

Therefore, the board of education should not file criminal charges against the parent of the child due to the fact that the due process procedure provides a civil remedy enabling it to recover the assessment for tuition.»

If a board of education prevails at the hearing before the State Department of Education, the local or regional board may seek to recover the amount of assessment for tuition through available civil remedies.

Daniel Losen of the The Center for Civil Rights Remedies at the UCLA Civil Rights Project (CRP / CCRR) looks at disciplinary policies and practices in school that result in disparities, and provides remedies that may be enacted at federal, state, and district levels.

-- The remedies and procedures set forth in section 204 (a) of the Civil Rights Act of 1964 (42 U.S.C. 2000a - 3 (a)-RRB- are the remedies and procedures this title provides to any person who is being subjected to discrimination on the basis of disability in violation of this title or who has reasonable grounds for believing that such person is about to be subjected to discrimination in violation of section 303.

«If it was, however, the remedy for illegal conduct is a complaint lodged with the proper law enforcement offices or a civil suit or both.

The handler of the service animal incapacitated, injured or killed shall have the right to pursue any and all civil remedies available to recover damages for medical and veterinary expenses, rehabilitation or replacement of the service animal, and lost wages, transportation expenses or other expenses directly related to the temporary or permanent loss of the service animal.

Claimants must agree to waive their right to other civil remedies against a registered participating seller of travel for matters arising out of a sale for which you file a TCRF claim.

In the civil sphere, it may be appropriate to issue claim against the fraudsters for deceit, misappropriation, unjust enrichment, knowing receipt, conspiracy, dishonest assistance etc, and seek interim remedies such as search information, freezing, Norwich Pharmacal and Bankers Trust orders.

«Doctor» Jackson's remedies («interlocking reforms») for the ongoing malaise in the civil justice system were:

In broad terms, a tort is a civil wrong, other than a breach of contract, for which the judicial system or court is used to provide a remedy in the form of a required action for damages.

Raman practices in the areas of civil litigation including estate, commercial, real estate, debtor & creditor matters, business and shareholder disputes including oppression remedies, corporate governance disputes in not - for - profit corporations, and other areas in litigation.

For the scales of justice to balance for crime victims, civil remedies may be needed in addition to criminal prosecutioFor the scales of justice to balance for crime victims, civil remedies may be needed in addition to criminal prosecutiofor crime victims, civil remedies may be needed in addition to criminal prosecutions.

The other possible remedy for Crown misconduct is a civil action for «malicious prosecution.»

Mr. McShane has defended public contractors in bid protest actions and construction defect litigation, pursued commercial code and contract remedies for financial institutions and corporations, prosecuted and defended legal malpractice cases and protected lenders» interests in bankruptcy estates and civil forfeiture cases.

AMPs are among the remedies provided for in the civil track.

The reasons for these changes are that the civil remedy does not have the high criminal standard of proof and is cheaper as well as faster.

As experts appointed by the government of Ontario consider the possible content of anti-SLAPP legislation, they may want to discuss whether the proportionality rule in Ontario's Rules of Civil Procedure will offer some part of a remedy for a SLAPP suit.

A federal civil rights statute, 42 U.S.C. § 1983, is most closely associated with providing a remedy for individuals whose federal constitutional rights have been violated by persons acting under color of state law.

However, the most significant limitation on Personal Injury remedies is that, when a person is injured at work or while doing do one's job, the injured person must pursue their claim through the Workers Compensation system and can not sue in Civil Court, to recover for his or her injuries.

However, the most significant limitation on Personal Injury remedies is that, when a person is injured at work or during do one's job, the injured person must pursue their claim through the Workers Compensation system and can not sue in Civil Court, to recover for his or her injuries.

R v. Nasogaluak, 2010 SCC 6 where Andrew Lokan and Danny Kastner represented the Canadian Civil Liberties Association at the Supreme Court of Canada and successfully argued that sentence reductions, even below mandatory minimum sentences, ought to be available as a remedy for unconstitutional state conduct in the criminal justice process.

However, the most significant limitation on personal injury remedies is that, when a person is injured at work or while doing do one's job, the injured person must pursue their claim through the Workers Compensation system and can not sue in Civil Court, to recover for his or her injuries.

It is also clear that, while a judge in civil proceedings will seek to prevent a manifest risk of injustice, ensuring a fair trial is ultimately a matter for the criminal court, which has extensive powers to remedy any prejudice.