For the rider benefit, accidental deaths due to any self - inflicted injury,
acts of criminal nature, war, aviation, participation in hazardous activities, alcohol abuse, etc. are excluded
Accidental Death: Accidental death due to, alcohol abuse, self - inflicted injuries, service in armed forces,
acts of criminal nature, participation in any hazardous sports or activities, war, etc. are excluded
The accidental benefit will not be paid if accident is caused by self - inflicted injury, alcohol abuse, participating in hazardous activities, war, aviation or
acts of criminal nature.
Not exact matches
Justice Mosley did find that the
Act's penalty provisions, ss 54 (1)(c) & (1.1) were unconstitutional, saying they «fundamentally altered the
nature of the section 13 process and brought it uncomfortably close to the state's ultimate control measure,
criminal prosecution.»
... Although respondent attempts to minimize his
criminal acts and illegal conduct involving moral turpitude by arguing that he did not distribute medications to others, the cumulative
nature of respondent's misconduct... merits disbarment.»
25 R. v. Pelletier (1974), 4 O.R. (2d) 677, 18 C.C.C. (2d) 516 appears to be the first decision to use the «living tree» to advocate a morphing constitution: «As the
nature of the Canadian community changes and in this immediate issue, the activities
of those sought to be controlled by the Narcotic Control
Act and the
Criminal Code change in scale and complexity, new considerations arise which bring into prominence facets
of the law including the Constitution which were less important or less applicable in former times.»
«The appellant maintains that, by its
nature, a tax on
criminal defence legal fees will, at some level, be prohibitive or at the very least
act as an impediment to or will interfere with the right to counsel since the additional cost
of the tax to an accused will interfere with the financial resources available to mount a defence to the charges brought against him or her,» wrote Tax Court
of Canada Justice Brent Paris, summing up the firm's case.
Often damages
of this
nature can leave you with unpaid medical bills and may have an emotional impact for months or even years after an accident or
criminal act.
However, the draconian
nature of confiscation proceedings and the effect
of statutory assumptions in «
criminal lifestyle» cases mean that lawyers really need to be at the top
of their game in order to
act in their clients» best interests.
R. v. Arsenault, 2014 CACM 8 (35946) Several charges were laid against the Applicant, including one count under s. 130
of the National Defence
Act («NDA»)
of committing fraud contrary to s. 380 (1)
of the
Criminal Code, two counts under s. 117 (f)
of the NDA
of committing
acts of a fraudulent
nature not particularly specified in ss.
The court held that proceedings under s. 163
of the Income Tax
Act are administrative in
nature and not subject to the protection
of s. 11
of the Charter, reserved for
criminal matters or matters involving «truly penal consequences.»
And his actions were not
criminal in
nature with only minimal fines
of about $ 100 under the Municipal Elections
Act.
When making the same assessment for the purposes
of the
Criminal Justice
Act 2003 s 229 (3) the court is required to take into account: (i) all such information as is available to it about the
nature and circumstances
of each
of the offences; (ii) where appropriate, any information which is before it about any pattern
of behaviour
of which any
of the offences forms part; and (iii) any information about the offender which is before it».
Their lordships indicated that in some civil cases the
criminal standard would still apply given the
nature of the proceedings, for example anti-social behaviour order proceedings under the Crime and Disorder
Act 1998 to which the
criminal standard had been applied in R (McCann) v Crown Court at Manchester [2003] 1 AC 787.