One significant change is that Property Division, which did not previously apply to «common law» spouses
under part 5 of the old Family Relations Act, will now apply «common law» spouses.
(3) Such employees as are necessary for the proper conduct of the Commission's work may be appointed
under Part III of the Public Service of Ontario Act, 2006 to serve in the Pay Equity Office.
(9) A pay equity plan that is approved
under this Part binds the employer and the employees to whom the plan applies and their bargaining agent, if any.
21.8 Sections 14, 16 and 17 apply, with necessary modifications, with respect to a pay equity plan that is prepared or amended
under this Part for employees in a bargaining unit.
Collins LJ, who delivered the Supreme Court judgment, considered the proper approach to be adopted by the Court when faced with an application
under Part III:
In the Federal jurisdiction, when a business is sold, leased, transferred, or merged with another business or part of it, or otherwise disposed of succession rights exist
under Part 1 of the Canada Labour Code for federal organizations outside the Public Service including the movement of Public Service functions to any public or private sector employer operating under the jurisdiction of the Code.
The new sections 74.4.1 and 74.4.2 of the Act require temporary help agencies and their clients to record the number of hours worked by each assignment employee for each client of the agency in each day and each week in addition to all other information that an employer is required to record
under Part VI of the Act.
In considering what «top up» order
under Part III would be appropriate, the Supreme Court's approach seems to focus on the spouse's connections with England.
Before an order could be made
under Part III, ``... there are two, inter-related, duties of the court before making an order
under Part III.
However, this alone is not the test in whether an order should be made
under Part III (see below).
And since acting as an agent is an exception to practicing law under s 106 (which falls
under Part 6), and thus is not a violation of Part 6, there is no prohibited activity to restrain.
The lead judgment was given by Ward LJ, and had the effect of severely limiting the circumstances in which an application
under Part III could be made.
PIPA defines «non-profit organization» for the purposes of the Act as an organization that is incorporated under the Societies Act, or the Agriculture Societies Act, or registered
under Part 9 of the Companies Act, or that meets the criteria established under the regulations to qualify as a non-profit organization (section 56 (1)(b)(i)(ii)-RRB-.
Justice Secretary Michael Gove said he did not accept the Justice Committee's findings that the Ministry had «largely failed to achieve [its] wider objectives for reform beyond achieving savings», in his response to the Committee's report into the impact of the changes to civil legal aid
under Part 1 of LASPO (Legal Aid, Sentencing and Punishment of Offenders Act), published this week.
As for the amount of the financial provision to be awarded
under Part III, ``... there is no rule that it should be the minimum amount required to overcome injustice».
The ultimate requirement for experts
under Part 35 and 25 Civil Procedure Rule and other such protocols, and indeed the RICS guidance to surveyors acting as expert witnesses, is to maintain an expert's ultimate duty to the Court in preparing and presenting evidence, and obviously not to their instructing parties.
If the person was injured in a motor vehicle accident, her or she is entitled to net loss of income (after tax income), and the amount is further reduced by any disability benefits paid by ICBC
under Part 7 («no - fault benefits»).
143 (1) The commencement of a proceeding before the Tribunal
under this Part does not stay the operation of a decision or order made under this Act, other than,
The agent fails to pay a fee required under this Act or an administrative penalty imposed
under Part XVIII.1.
The HPRB's exclusive jurisdiction extends to «all those matters and questions of fact, law and discretion arising or required to be determined in a review or an investigation and disposition
under this Part.»
(5) The applicant for approval
under this Part, the Director and any other persons specified by the Tribunal shall be parties to the hearing.
However, even if you are at fault in a motor vehicle accident and you are injured, your ICBC insurance coverage entitles you to certain benefits which are known as either «no fault benefits» or «Part 7 benefits» because they fall
under Part 7 of the Regulations under the Insurance (Vehicle) Act.
(b) a summons
under Part III of the Provincial Offences Act.
In order to be eligible to receive compensation
under Part 7, you must follow the proper procedures after your motor vehicle accident.
(3) The district school board that is continued is a corporation and, except as otherwise provided by the regulations made
under this Part, subsection 180 (7) of the Business Corporations Act applies with necessary modifications as if the board had been continued under that Act.
The LAA has amended all current contracts in order to meet the requirements imposed by the General Data Protection Regulation (Regulation (EU) 2016/679) and the Law Enforcement Directive (Directive (EU) 2016/680), being implemented
under Part 3 of the Data Protection bill.
Lastly, the court concluded at para. 203 - 5 that the legislative scheme
under Part I was not procedurally fair: «The biggest deficiency lies in the failure to provide a respondent whose identity is known or easily ascertainable with notice of and opportunity to participate in the initial protection order hearing.»
The amount of benefits you are entitled to receive
under Part 7 will be deducted from any compensation you receive in your personal injury tort claim, even if you never received any Part 7 benefits and are prevented by the passage of time from making a claim for Part 7 Benefits.
These benefits fall
under Part 7 of the Insurance (Vehicle) Act Regulations, and are also referred to as «Part 7 Benefits.»
The transaction was structured by way of a scheme of arrangement
under Part 26 of the Companies Act 2006.
(2) The applicant is also required to pay any outstanding administrative penalty imposed
under Part XVIII.1.
25.2 governing the assignment of statutory accident benefits
under Part VI, including the application of sections 279 to 282 to persons to whom the benefits are assigned;
277.31 (1) The Lieutenant Governor in Council may make regulations in relation to performance appraisals conducted
under this Part,
(1) If a person is entitled to a death benefit, a funeral benefit or a benefit
under Part IV, the insurer shall pay the benefit within 30 days after the insurer receives an application for the benefit.
(c) any income replacement, non-earner or caregiver benefit
under Part II or any benefit
under Part IV, to the extent of any payments received by the person that are deductible under this Regulation from the amount of the benefit.
A person receiving an income replacement benefit may return to or start employment or self - employment at any time during the first 104 weeks for which he or she is receiving the benefit without affecting his or her entitlement to resume receiving any benefits to which he or she is entitled
under this Part if, as a result of the accident, he or she is unable to continue the employment or self - employment.
278 Every supervisory officer appointed
under this Part shall hold the qualifications required by the regulations for a supervisory officer.
(c) if the insured person is eligible to receive and has elected under section 35 to receive either an income replacement benefit or a caregiver benefit
under this Part.
(v) benefits paid
under Part II of Subsection 2 of Schedule C to the Insurance Act as it existed before June 22, 1990 that have been paid for more than 104 weeks.
(4) Where a person has rights under this section in relation to an old board and the old board is amalgamated or merged with a district school board
under Part II.2, the rights of the person are the same immediately after the amalgamation or merger as they were immediately before the amalgamation or merger and, for the purpose, the district school board stands in the place of the old board.
25.1 governing agreements to settle claims and disputes in respect of statutory accident benefits
under Part VI;
(b) the Director may, by order, suspend any registration filed
under Part II.2 or any permit, licence or environmental compliance approval issued to the person under this Act until the administrative penalty is paid; and
(iv) benefits paid
under Part IV of Regulation 672 of the Revised Regulations of Ontario, 1990 for more than 156 weeks, or
The maximum damages for non-economic loss
under Part 4, Division 3 of the Defamation Act is is $ 339,000.
The RCMP was charged with several offences
under Part II of the CLC, specifically section 124, which requires employers to comply with a general duty to «ensure that the health and safety at work of every person employed by the employer is protected».
Justice Perell reconfirmed that the statutory cause of action
under Part XXIII.1 of the Ontario Securities Act for secondary market misrepresentation applies extra-territorially to trades on foreign stock exchanges when Ontario has a real and substantial connection to a foreign defendant.
Partner Pauline Fowler examines recent case law
under Part III of the Matrimonial and Family Proceedings Act 1984 in CorporateLiveWire's 2016 Expert Guide to Divorce Law.
Meanwhile, in August of 2015, Mr. Paniccia, a retail investor with a much smaller stake in MDC's common shares, commenced a proposed securities class action against MDC and certain of its officers in Ontario
under Part XXIII.1 of the Ontario Securities Act, R.S.O. 1990, c. S. 5.
If there was going to be a trial of those claims anyways (assuming leave to proceed
under Part XXIII.1 of the Securities Act was granted), the defendants» forum non conveniens arguments were less compelling.
The case concerned a compromise
under Part 14 of the Companies Act 1993 that was set aside by the High Court on the basis that the challenging creditors, who had voted against the compromise, had been unfairly prejudiced by the decision to call only one meeting of creditors.