Sentences with phrase «action against a municipality»

The short 6 - month prescriptive period for actions against municipalities under the Québec Cities and Towns Act conflicts with the interpretation of art. 2930 C.C.Q., whereby a 3 ‑ year general law prescriptive period in art. 2925 C.C.Q. applies where an action in damages is «based on the obligation to make reparation for bodily injury caused to another».

In 2001, the respondent's majority shareholder learned of the bylaw, and when Lorraine refused to amend it the developer brought an action in nullity against the bylaw in 2007, seeking damages and the removal of the infrastructures, as well as an action against the Municipality of Thérèse de Blainville, which implemented a plan that also changed the zoning for the respondent's land.

In Regroupement des citoyens du secteur des constellations c. Lévis (Ville de), it is defending a firm specialized in ground condition studies in a class action against a municipality for having issued building permits on an unstable tract of land.

All civil actions against the municipality also remain subject to the Limitations Act.

If a municipality fails to maintain the roads, and an enormous pothole develops, and as a result you experience a rollover accident, you may have a negligence cause of action against the municipality.

Rather, to state a § 1983 cause of action against a municipality, a plaintiff must plead «(1) the existence of an official policy or custom; (2) that the policy or custom is fairly attributable to the municipality; and (3) that the policy or custom proximately caused the deprivation of a constitutional right.»

Not exact matches

I'm grateful so many municipalities alongside the nonprofit Preserve Hudson Valley are continuing to pursue legal action against Kiryas Joel's land - grab.

However, any attorney's fees paid from public funds for any officer, employee, or agent who is found to be personally liable by virtue of acting outside the scope of his or her employment or acting in bad faith, with malicious purpose, or in a manner exhibiting wanton and willful disregard of human rights, safety, or property may be recovered by the state, county, municipality, or political subdivision in a civil action against such officer, employee, or agent.

For instance, claims made against Florida's municipalities tend to face stricter guidelines and have shorter time limits in which legal action can be taken.

If you are riding your motorcycle on that road early the next morning and the motorcycle's wheels lose their grip on the road because of the unexpectedly oily surface in the turn, you may have a cause of action for negligence against the municipality and the construction company.

It also brought an action in nullity against bylaw 1002 of the Applicant Regional County Municipality of ThérèsedeBlainville, which implemented a development plan that also changed the zoning for the Respondent's land.

Section 44 (10) of the Municipal Act, provides that no action shall be brought against a municipality for the recovery of damages from a sidewalk slip and fall unless within 10 days after the occurrence of the injury, written notice of the claim has been provided.

Notable mandates: Acted for Soltoro Ltd. in connection with its successful disposition by plan of arrangement to Agnico Eagle Mines Ltd.; co-counsel for Trillium Motor World Ltd. in class action against General Motors of Canada Ltd. and Cassels Brock & Blackwell LLP; acted for Canadian Solar Inc. in connection with raising an aggregate of US$ 50 million in equity and US$ 100 million in debt financing for acquisition financing and working capital purposes; external counsel to the Regional Municipality of York, providing a wide range of municipal, real estate, expropriation, litigation, and commercial law advice and services; counsel to minority shareholder of a Nevis LLC worth more than US$ 500 million with respect to a claim for relief from unfair prejudice in litigation in Nevis and the Commercial Division of the Eastern Caribbean Supreme Court in British Virgin Islands, and in contemporaneous related actions in Belize and the United States.

Under s. 44 (10) of the Municipal Act, actions against a city for negligence are barred unless «within 10 days after the occurrence of the injury, written notice of the claim and of the injury complained of, including the date, time and location of the occurrence, has been served upon or sent by registered mail» to the clerk of the municipality.

Policy Decisions: No proceeding based on negligence in connection with the exercise or non-exercise of a discretionary power or the performance or non-performance of a discretionary function, if the action or inaction results from a policy decision of a municipality or local board made in a good faith exercise of the discretion, shall be commenced against,

If you are injured on Municipal property in Ontario, there are immediate actions that must be taken failing which you may lose your legal rights to claim against the Municipality.

The Attorney General also has specific powers under the Massachusetts False Claims Act to bring actions against securities professionals who mislead or defraud municipalities or state government entities.

Unauthorized accommodation has triggered numerous legal actions by various municipalities against homeowners.