Sentences with phrase «relations act in the case»

Lorne MacLean, QC successfully obtained a declaration that a contingent interest in a $ 15,000,000 family trust was a family asset under our old family Relations Act in the case of Fulton v. Gunn 2008 BCSC 1159.

Not exact matches

It is there potentially even where it is symbolized only in the act of baptism itself, as in some extreme cases of the baptism of infants who are without family or relation to the Church.

In either case, revelation is necessary to know this.25 The act - being relation for «being in Adam» is the problem of siIn either case, revelation is necessary to know this.25 The act - being relation for «being in Adam» is the problem of siin Adam» is the problem of sin.

In this account, sexuality is not mentioned except in the case of mankind, for it is precisely in the loving relation, which includes the sexual act by which man and woman «become one flesh,» that the two fulfill their proper end: to be in G - d's imagIn this account, sexuality is not mentioned except in the case of mankind, for it is precisely in the loving relation, which includes the sexual act by which man and woman «become one flesh,» that the two fulfill their proper end: to be in G - d's imagin the case of mankind, for it is precisely in the loving relation, which includes the sexual act by which man and woman «become one flesh,» that the two fulfill their proper end: to be in G - d's imagin the loving relation, which includes the sexual act by which man and woman «become one flesh,» that the two fulfill their proper end: to be in G - d's imagin G - d's image.

For the purpose of applying the Government Superannuation Fund Act 1956, in accordance with subclause (2), to a person who holds office as the chief executive or, as the case may be, is in the service of the Electoral Commission as an officer or employee and (in any such case) is a contributor to the Government Superannuation Fund, the term controlling authority, in relation to any such person, means the chief executive.

According to the acting Director of Technical Services at the Ghana AIDS Commission, Mr Cosmos Ohene - Adjei, the low patronage of condoms in the country was worrying in relation to efforts at ensuring the prevention of new cases of HIV...

That wasn't always the case though, as New York's blue sky law was initially weaker than that of many other states, until the New York Supreme Court determined in People v Federated Radio Corporation (1926) that the act's purpose was to «defeat all kinds of fraud in connection with the sale of securities and commodities and to defeat all unsubstantial and visionary schemes in relation thereto whereby the public is fraudulently exploited,» even if the fraud can't be proven to have «originated in any actual evil design or contrivance to perpetrate fraud or injury upon others.»

In many cases, the sex act itself has almost disappeared altogether and any intimacy exists only in relation to their financial situation or the upbringing looking women of their childreIn many cases, the sex act itself has almost disappeared altogether and any intimacy exists only in relation to their financial situation or the upbringing looking women of their childrein relation to their financial situation or the upbringing looking women of their children.

(d) In the case of an alleged act or practice prohibited by this title which occurs in a State, or political subdivision of a State, which has no State or local law prohibiting such act or practice, a civil action may be brought under subsection (a): Provided, That the court may refer the matter to the Community Relations Service established by title X of this Act for as long as the court believes there is a reasonable possibility of obtaining voluntary compliance, but for not more than sixty days: Provided further, That upon expiration of such sixty - day period, the court may extend such period for an additional period, not to exceed a cumulative total of one hundred and twenty days, if it believes there then exists a reasonable possibility of securing voluntary compliancIn the case of an alleged act or practice prohibited by this title which occurs in a State, or political subdivision of a State, which has no State or local law prohibiting such act or practice, a civil action may be brought under subsection (a): Provided, That the court may refer the matter to the Community Relations Service established by title X of this Act for as long as the court believes there is a reasonable possibility of obtaining voluntary compliance, but for not more than sixty days: Provided further, That upon expiration of such sixty - day period, the court may extend such period for an additional period, not to exceed a cumulative total of one hundred and twenty days, if it believes there then exists a reasonable possibility of securing voluntary complianact or practice prohibited by this title which occurs in a State, or political subdivision of a State, which has no State or local law prohibiting such act or practice, a civil action may be brought under subsection (a): Provided, That the court may refer the matter to the Community Relations Service established by title X of this Act for as long as the court believes there is a reasonable possibility of obtaining voluntary compliance, but for not more than sixty days: Provided further, That upon expiration of such sixty - day period, the court may extend such period for an additional period, not to exceed a cumulative total of one hundred and twenty days, if it believes there then exists a reasonable possibility of securing voluntary compliancin a State, or political subdivision of a State, which has no State or local law prohibiting such act or practice, a civil action may be brought under subsection (a): Provided, That the court may refer the matter to the Community Relations Service established by title X of this Act for as long as the court believes there is a reasonable possibility of obtaining voluntary compliance, but for not more than sixty days: Provided further, That upon expiration of such sixty - day period, the court may extend such period for an additional period, not to exceed a cumulative total of one hundred and twenty days, if it believes there then exists a reasonable possibility of securing voluntary complianact or practice, a civil action may be brought under subsection (a): Provided, That the court may refer the matter to the Community Relations Service established by title X of this Act for as long as the court believes there is a reasonable possibility of obtaining voluntary compliance, but for not more than sixty days: Provided further, That upon expiration of such sixty - day period, the court may extend such period for an additional period, not to exceed a cumulative total of one hundred and twenty days, if it believes there then exists a reasonable possibility of securing voluntary complianAct for as long as the court believes there is a reasonable possibility of obtaining voluntary compliance, but for not more than sixty days: Provided further, That upon expiration of such sixty - day period, the court may extend such period for an additional period, not to exceed a cumulative total of one hundred and twenty days, if it believes there then exists a reasonable possibility of securing voluntary compliance.

In addition, a fluctuation - dissipation theorem is derived relating temperature and dissipation of the linear system to a fluctuating classical potential acting on the system of interest which reduces to the Nyquist - Johnson relation for noise in the case of electric circuitIn addition, a fluctuation - dissipation theorem is derived relating temperature and dissipation of the linear system to a fluctuating classical potential acting on the system of interest which reduces to the Nyquist - Johnson relation for noise in the case of electric circuitin the case of electric circuits.

William also has an interest in medical product liability claims, having acted in several group actions (including the Oral Contraceptive Pill, MMR and Depuy Hylamer prosthetic implants cases) and has advised in relation to various medical and surgical products, including the use of transvaginal mesh.

She has litigated cases involving Title VII of the Civil Rights Act, the Age Discrimination in Employment Act, the Americans with Disabilities Act, the Employee Retirement Income Security Act, the Fair Labor Standards Act, the National Labor Relations Act, the Family and Medical Leave Act, various state discrimination statutes, and common law and tort claims, such as retaliatory discharge, defamation, and breach of contract claims.

Marc has considerable experience in acting in disputes against the banks in relation to LIBOR, Forex and other benchmark rate fixing and manipulation, as well as cases involving the mis - selling of complex financial products and claims relating to breach of mandate and payments fraud.

Section 44 entitles the court to exercise the same power to grant freezing orders in relation to arbitration as it has in relation to court proceedings, but only where the case is one of urgency and in circumstances where the tribunal is not yet constituted (as it was not in this case), where the arbitration tribunal has no power or is unable to act effectively.

We had case law out the wazoo on «unfair» in the context of reapportionment under the Family Relations Act, but nothing on «significantly unfair.»

The Act applies in personal injury cases where the court finds that the claimant is entitled to damages but, upon an application by the defendant, the court is satisfied, on the balance of probabilities, that the claimant has been «fundamentally dishonest» in relation to the primary claim or a related claim.

The issue in this case was in relation to the calculation of «benefit» (Proceeds of Crime Act 2002 (PCA 2002)-RRB- where property was recovered and returned to its rightful owner.

In a recent case before the Supreme Court, R v Forsyth and Mabey [2011] UKSC 9, two former directors of the British engineering company Mabey & Johnson Limited argued unsuccessfully that an executive Order made under the United Nations Act 1946 in relation to sanctions against Iraq was ultra vires because it had been made 10 years after the relevant Security Council ResolutioIn a recent case before the Supreme Court, R v Forsyth and Mabey [2011] UKSC 9, two former directors of the British engineering company Mabey & Johnson Limited argued unsuccessfully that an executive Order made under the United Nations Act 1946 in relation to sanctions against Iraq was ultra vires because it had been made 10 years after the relevant Security Council Resolutioin relation to sanctions against Iraq was ultra vires because it had been made 10 years after the relevant Security Council Resolution.

Recent cases include: Axiom Litigation Financing Fund (acting for the «receiver / liquidator» of a Caymans Islands fund: # 110m dispute); Frauntled Management Limited v Featherwood ($ 13m investment dispute before the BVI Court of Appeal); BBX Capital Asset Management v Royal Bank of Canada & Ors ($ 30m Cayman dispute relating to transaction to defraud creditors / sham trusts); Trinity Management Group Ltd v Burke Consolidated Ltd (s. 184I / s.175 BVI dispute); Maruti Holdings PTE Limited v Sinclair Strategies Limited (BVI jurisdictional challenge); QVT Fund & Ors v China Zenix Auto International Limited (s. 184I and s184C BVI dispute: interim injunction) In addition, the international nature of commercial fraud often results in Paul advising in relation to proceedings before off - shore courts such as in VTB v Nutritek (advised on interim relief in Cayman Islands and maintenance of BVI injunction in light of UK Supreme Court decisions) and in other off - shore jurisdictions such as Jersey, Guernsey and NeviIn addition, the international nature of commercial fraud often results in Paul advising in relation to proceedings before off - shore courts such as in VTB v Nutritek (advised on interim relief in Cayman Islands and maintenance of BVI injunction in light of UK Supreme Court decisions) and in other off - shore jurisdictions such as Jersey, Guernsey and Neviin Paul advising in relation to proceedings before off - shore courts such as in VTB v Nutritek (advised on interim relief in Cayman Islands and maintenance of BVI injunction in light of UK Supreme Court decisions) and in other off - shore jurisdictions such as Jersey, Guernsey and Neviin relation to proceedings before off - shore courts such as in VTB v Nutritek (advised on interim relief in Cayman Islands and maintenance of BVI injunction in light of UK Supreme Court decisions) and in other off - shore jurisdictions such as Jersey, Guernsey and Neviin VTB v Nutritek (advised on interim relief in Cayman Islands and maintenance of BVI injunction in light of UK Supreme Court decisions) and in other off - shore jurisdictions such as Jersey, Guernsey and Neviin Cayman Islands and maintenance of BVI injunction in light of UK Supreme Court decisions) and in other off - shore jurisdictions such as Jersey, Guernsey and Neviin light of UK Supreme Court decisions) and in other off - shore jurisdictions such as Jersey, Guernsey and Neviin other off - shore jurisdictions such as Jersey, Guernsey and Nevis.

He has substantial experience of disputes about title, quality and rejection, price and price adjustment, frustration, and the impact of sanctions, in relation to a range of goods, including oil, coal, ore and other commodities, and grains and other foodstuffs, and has acted in cases under CIF, FOB and DES contracts, as well as contracts based on other INCOTERMS.

Richard Morgan QC, one of the barristers who argued the case, says that although these types of issues may be litigated more frequently, the English courts are doing a good job acting as a gatekeeper in relation to the extent of their jurisdiction.

That decision was in turn appealed to the Conseil d'Etat which stayed the case and referred a number of questions to the Court of Justice asking essentially if the exclusion clause operated only in relation to terrorist acts as defined in Article 1 of the Framework Decision on Combatting Terrorism (FDCT)[4] or if ancillary acts of participation in terrorist organisation and facilitating the commission of terrorist acts could be considered contrary to the principles and values of the UN as referred to in Articles 12 (2)(c) and 12 (3)[5] of the Qualification Directive.

(3) Do the criminalisation of homosexual activities and the threat of imprisonment in relation thereto, as set out in the Offences against the Person Act 1861 of Sierra Leone (Case C - 199 / 12), the Penal Code Act 1950 of Uganda (Case C - 200 / 12) or the Senegalese Penal Code (Case C - 201 / 12) constitute an act of persecution within the meaning of Article 9 (1)(a), read in conjunction with Article 9 (2)(c) of the DirectiAct 1861 of Sierra Leone (Case C - 199 / 12), the Penal Code Act 1950 of Uganda (Case C - 200 / 12) or the Senegalese Penal Code (Case C - 201 / 12) constitute an act of persecution within the meaning of Article 9 (1)(a), read in conjunction with Article 9 (2)(c) of the DirectiAct 1950 of Uganda (Case C - 200 / 12) or the Senegalese Penal Code (Case C - 201 / 12) constitute an act of persecution within the meaning of Article 9 (1)(a), read in conjunction with Article 9 (2)(c) of the Directiact of persecution within the meaning of Article 9 (1)(a), read in conjunction with Article 9 (2)(c) of the Directive?

Emma Gordon Qualified: 2000 (Australia); 2003 (England and Wales) Made partner: 2013 Key cases: Acting on a number of Libor - related cases for major financial institutions; representing a FX trader in relation to investigations by various enforcement agencies including the US Department of Justice; acting for a bank in relation to an investigation by the FCA relating to alleged historic financial crime compliance failures and inadequate disclosure to thActing on a number of Libor - related cases for major financial institutions; representing a FX trader in relation to investigations by various enforcement agencies including the US Department of Justice; acting for a bank in relation to an investigation by the FCA relating to alleged historic financial crime compliance failures and inadequate disclosure to thacting for a bank in relation to an investigation by the FCA relating to alleged historic financial crime compliance failures and inadequate disclosure to the FCA.

Matt Waudby Qualified: 2003 Made partner: 2014 Key cases: Representing Citigroup in defending a $ 55m Commercial Court claim asserted by Millennium (a fund in liquidation), in respect of Citigroup's valuation of a portfolio of emerging market derivative transactions; acting for ExxonMobil on a cross-border Commercial Court claim made by the administrators of Lehman Brothers International in relation to the valuation of a portfolio repurchase transaction around the time of Lehman Brothers» insolvency in September 2008.

The correct measure of damages in a case of conversion is that which will provide just compensation for loss suffered by the claimant having regard to the particular circumstances of the case, and so it is impossible to ignore the claimant's own conduct in relation to that loss, since, if he has failed to take advantage of an opportunity reasonably available to him to avoid it in whole or in part, it will be difficult for him to justify requiring the defendant to pay compensation for a loss that could not fairly be attributed to his wrongful act.

James Pickavance Qualified: 2006 Made partner: 2013 Key cases: Representing a contractor in relation to a dispute arising out of the construction of the «Chernobyl Arch», with a contract price of $ 800m and the current estimated cost of $ 2.2 bn; acting for the world's second biggest company in relation to a dispute on a $ 11bn and gas project in Abu Dhabi.

«Thanks to the federal government, who has done nothing on this issue other than pass the Indian Act, there is no over-arching legislation that provides certainty in relation to acquisition of consent, unless the band and the collective self - identify,» said Charles Willms, chairman of Fasken Martineau DuMoulin LLP's Vancouver aboriginal law practice, speaking at the panel, Key Legal Cases in Canada: The Current Landscape.

Mark Ridgway Qualified: 2004 Made partner: 2015 Key cases: Representing Pfizer group company Warner - Lambert in its pan-European enforcement efforts in relation to its second medical use patent for its blockbuster drug Lyrica; acted for Novartis Pharmaceuticals on a multijurisdictional biotechnological patent dispute relating to the blockbuster drug Lucentis; advising Blackberry on several high profile, global patent disputes.

Michelle Crorie Qualified: 2001 Made partner: 2012 Key cases: Acting for insurers in relation to coverage litigation arising out of a kidnap and ransom policy in a dispute valued in excess of $ 3m; represented Sea Shepherd UK over claims that it helped facilitate an attack on a fishing boat belonging to Fish & Fish, in a campaign against illegal fishing.

Robert Allen Qualified: 2004 Made partner: 2015 Key cases: Advising a retail bank in relation to litigation and regulatory issues concerning payment protection insurance and related consumer credit claims; acting for an academic institution defending claims brought by a former employee under the Data Protection Act 1998.

Tom White Qualified: 2005 Made partner: 2015 Key cases: Advising on a # 250m + negligence claim against a firm of surveyors in relation to the valuation of a large portfolio of commercial properties spread across the country; acting for the Pension Protection Fund on the first two cases to reach the court in relation to challenges to the PPF levy.

The case proceeded to trial to resolve the issues raised in defendants «counterclaims of tortious interference with contractual relations; tortious interference with business relationships and expectancies; violation of the Michigan Consumer Protection Act and a declaratory judgment that defendants «trade dress is non-infringing.

In the recent case Canada (Attorney General) v. Munsee - Delaware Nation, the Federal Court was asked to review an adjudicator's decision that the employment relations of Indian Act bands are provincially - regulated.

The legislative authority enabling a court to award costs in criminal proceedings is primarily contained in Part II of the Prosecution of Offences Act 1985 (sections 16 to 19B), the Access to Justice Act (in relation to funded clients) and in regulations that have since been made pursuant to these statutes, including the Costs in Criminal Cases (General) Regulations 1986, as amended.

Therefore, the High Court passed undertakings by which traders committed not to «create the false impression that the consumer has already won, will win or will on doing a particular act win, a prize or equivalent benefit, when in fact taking any action recommended by the [trader] in relation to claiming the prize or other equivalent benefit is subject to the consumer paying money or incurring a cost which is either: (a) a substantial proportion of the unit cost to the defendant of the provision to the consumer of the thing described as a prize or other equivalent benefit; or (b) in the case of a charge stated to be for delivery and insurance, used by the defendant to finance in whole or in part its acquisition, handling or other cost of the making available of that thing, other than the actual cost of its delivery to the consumer and insurance (if any) in transit» (account rendered by the CJEU in C - 428 / 11 at para 20, emphasis added).

We have also acted in a professional negligence case which involved allegations of negligent advice by a solicitor in relation to LLPs: Farnon v Devonshires Solicitors [2011] EWHC 3167 (QB).

In this case, the employer argued that Section 301 of the Labor Management Relations Act triggered preemption and barred this driver from bringing claims under New Jersey's Law Against Discrimination and Workers» Compensation Law.

Joint Ventures: examples of some of the cases in which we have recently acted include: a dispute between joint venturers about undistributed profits in a JV vehicle upon the operation of a Change of Control clause; a claim on a business sale guarantee arising from the termination of a joint venture; and Tethyan Copper Company Pty v Government of Balochistan (ICC Case No. 18347 / VRO / AGF), a dispute under a joint venture contract in relation to the refusal of a mining licence over copper and gold deposits at Reko Diq, Pakistan.

Work highlights Acted for Hermitage Capital Management and its founder, Bill Browder, in relation to a high - profile INTERPOL and extradition case involving the Russian Federation.

In this case Berney had instructed Thomas Saul in 1999 to act for her in relation to a personal injury claim arising from a road traffic accidenIn this case Berney had instructed Thomas Saul in 1999 to act for her in relation to a personal injury claim arising from a road traffic accidenin 1999 to act for her in relation to a personal injury claim arising from a road traffic accidenin relation to a personal injury claim arising from a road traffic accident.

The «very commercial» Michael Pulford leads the team at Pinsent Masons LLP, and acts in relation to high - profile and high - value pre - and post-nuptial agreements, divorce and financial remedy proceedings, and private law children and child abduction cases.

Hoff v Atherton — acting in the Court of Appeal in this lead case in relation to testamentary capacity and in other significant cases.

As readers of this blog will recall, in the 2011 case of Conforti v Investia Financial Services Inc, 2011 CanLII 60897 (ON LRB) the Ontario Labour Relations Board held that an employer's dismissal of an employee who had made a complaint of workplace harassment pursuant to the provisions of Bill 168 was not an act of «reprisal» as defined within the Occupational Health and Safety Aact of «reprisal» as defined within the Occupational Health and Safety ActAct.

Tim has acted in several high profile and leading procurement cases in recent years, and regularly advises both contracting authorities and economic operators in relation to challenges following breaches of the Public Contract Regulations.

There were also developments for non-means tested legal aid in Court of Protection cases under s21A of the Mental Capacity Act and in relation to the statutory charge.

In 2013/2014, Jeremy acted as junior counsel in the leading Court of Appeal case of The Royal Bank of Scotland v Highland Financial Partners & Ors [2013] EWCA Civ 328 with Graham Dunning QC in relation to a major appeal concerning anti-suit injunctive relief and the doctrine of «clean hands» in the context of a commercial frauIn 2013/2014, Jeremy acted as junior counsel in the leading Court of Appeal case of The Royal Bank of Scotland v Highland Financial Partners & Ors [2013] EWCA Civ 328 with Graham Dunning QC in relation to a major appeal concerning anti-suit injunctive relief and the doctrine of «clean hands» in the context of a commercial frauin the leading Court of Appeal case of The Royal Bank of Scotland v Highland Financial Partners & Ors [2013] EWCA Civ 328 with Graham Dunning QC in relation to a major appeal concerning anti-suit injunctive relief and the doctrine of «clean hands» in the context of a commercial frauin relation to a major appeal concerning anti-suit injunctive relief and the doctrine of «clean hands» in the context of a commercial frauin the context of a commercial fraud.

It is a critical case in determining the scope of the police's duties under ECHR, art 3 in relation to acts committed by a private individual without the involvement or complicity of the state.

Key Singapore: applications to the Commercial Court under sections 67,68 and 69 of the Arbitration Act 1996 in relation to issues of time limits for lodging notice of appeal where there has been a private submission to arbitration in a salvage case and whether it is necessary to lodge a separate notice of appeal in relation to an award on costs only.

In Halton Elementary Unit of the Ontario English Catholic Teachers Association (O.E.C.T.A) v. Ontario English Catholic Teachers Association (O.E.C.T.A.), 2013 CanLII 9950, the Ontario Labour Relations Board (the «OLRB») dismissed four duty of fair representation complaints brought by groups of individual teachers and two district Presidents against OECTA, holding that they had failed to establish a prima facie case that there was a breach of the Labour Relations Act, 1995.