Sentences with phrase «common law presumption of»

Thus, the termination clause successfully rebutted the common law presumption of reasonable notice.

In Bowes, Chief Justice Winkler, writing for a five - member panel of the Court of Appeal, held that if an employment agreement specifies the amount payable to an employee if the employer terminates the employment contract, whether fixed or readily calculable, the parties have contracted out of the common law presumption of providing reasonable notice of dismissal.

However, controversy has arisen as to whether this seemly simple statement captures all gifts to a spouse such that the common law presumption of advancement no longer applies.

However, in the case of land the common law presumption of joint tenancy has been altered by statute, so that land owned by two or more persons is presumed to be owned by them as tenants in common unless the title expressly states that they are joint tenants.

Not exact matches

To the extent that the presumption of advancement is applied differently between traditional marriages, common law relationships, and same - sex marriages, the continued application of the presumption of advancement is incoherent with the legislative objective of putting all such unions or marriages on an equal footing.

Section 9 of the Ontario Employment Standards Act, 2000 effectively reverses the common law presumptions; both that the sale of a business terminates employment and that employment with the seller is not to be taken into account when calculating an employee's entitlements to notice of termination from the purchaser.

It found that a fixed term in an employment agreement rebuts the presumption of reasonable notice of termination at common law by providing a clear end date of employment.

Put differently, the corollary of the presumption of compliance is that «courts will apply the law laid down by statute or common law, even if it is inconsistent with a treaty which is binding upon Canada.»

This case provides an important re-statement of the law surrounding requests for further defence medical examinations and rebuts the common presumption of defence counsel that defendants are permitted to obtain defence medical report (s) in the same medical specialty to respond to report (s) served by the plaintiff, irrespective of what reports they have already served.

There is a presumption that an employee terminated without cause is entitled to common law reasonable notice, which is an assessment of factors such as age, length of service, availability of similar employment and character of position, and can result in a notice period as long as twenty - four (24) months.

At issue here is the raison d'être of the European Union and the creation of an area of freedom, security and justice and, in particular, the Common European Asylum System, based on mutual confidence and a presumption of compliance, by other Member States, with European Union law and, in particular, fundamental rights.

Where this test is met, the common law's presumption in favour of consent will be displaced, and the provisions governing substituted decision - making under the Act will take effect.

Since there is no presumption of equal sharing, it will be interesting to see whether, in the right circumstances, the courts will allow a claimant spouse to receive more than 50 per cent of the growth in the family's wealth, such that a common law spouse may actually receive a greater proprietary entitlement than a married spouse (a hitherto unheard of result).

At common law and under earlier statutes, there was a presumption that children under 14 were incapable of forming any criminal intention, so the police were routinely kept out of school disciplinary matters.

Lord Dyson's approach in Edwards would require an express contractual term preserving his common law remedy in order to rebut the presumption that he intended to be limited to the provisions of the statutory unfair dismissal scheme.

Justice Kirby did not think that these common law presumptions had been overridden by the general language of the LAA that allowed for acquisition «for any purpose whatsoever»:

The corollary of the requirement for a clear and plain intention is the common law presumption that the Crown will not so intend.

The Commission submits that in conformity with the guarantee of equality, the rights of indigenous minorities and freedom of religion, and consistent with the common law presumption against extinguishment of a proprietary interest and constitutional jurisprudence in relation to the acquisition of property, sub-sec 223 (1) should be construed in a manner which promotes the resilience of native title, rather than its fragility and susceptibility to destruction forever.

However, the common law does not limit the rebuttable presumption of lawful possession only to current possession.

Rather, the common law accepts that every possession of land, whether past or present, raises a rebuttable presumption that the possession was or is lawful.

Richard Bartlett makes this point in his argument that, on the basis of equality, the common law presumption against the extinguishment of a proprietary interest should be extended to native title.

These obligations require that the common law presumption against extinguishment of a proprietary interest be extended to the recognition and protection of native title which has been proven to exist in accordance with Indigenous law and customs.