Material
breaches of the code which are not serious or persistent — which are not a breach of r 15 but may be evidence of inadequate professional services; and
Further, if there were implied into the retainer a term that the solicitor would comply with the code then Morgan J held «any non-compliance would be a breach of contract whereas the Notes to Rule 15 contemplate that there can be
some breaches of the Code which will not be a breach of Rule 15 and will not be evidence of inadequate professional services under Section 37A of the Solicitors Act 1974».
Not exact matches
Many companies can deny severance payments to any executive fired «for cause,»
which generally means
breaching a company's
code of ethics or a criminal conviction.
- Post, link to or otherwise publish any Messages containing material that is obscene, racist, homophobic or sexist or that contains any form
of hate speech; - Post, link to or otherwise publish any Messages that infringe copyright; - Post, link to or otherwise publish any Messages that are illegal, libellous, defamatory or may prejudice ongoing legal proceedings or
breach a court injunction or other order; - Post, link to or otherwise publish any Messages that are abusive, threatening or make any form
of personal attack on another user or an employee
of Packaging Europe magazine; - Post Messages in any language other than English; - Post the same Message, or a very similar Message, repeatedly; - Post or otherwise publish any Messages unrelated to the Forum or the Forum's topic; - Post, link to or otherwise publish any Messages containing any form
of advertising or promotion for goods and services or any chain Messages or «spam»; - Post, link to or otherwise publish any Messages with recommendations to buy or refrain from buying a particular security or
which contain confidential information
of another party or
which otherwise have the purpose
of affecting the price or value
of any security; - Disguise the origin
of any Messages; - Impersonate any person or entity (including Packaging Europe magazine employees or Forum guests or hosts) or misrepresent any affiliation with any person or entity; - Post or transmit any Messages that contain software viruses, files or
code designed to interrupt, destroy or limit the functionality
of the Site or any computer software or equipment, or any other harmful component; - Collect or store other users» personal data; and / or - Restrict or inhibit any other user from using the Forums.
On 1 April 2017, the ACCC introduced changes to the
Code which will now allow the ACCC to seek penalties
of up to AUD $ 63, 000 for
breaches of the
Code.
The BHA complained about the school's policy in May, and the OSA determined in August that ten separate areas
of the policy
breached the School Admissions
Code,
which all state schools must follow.
In the United Kingdom, the 2012 Contest annual report notes that «over 4,000 URLs
which breach UK terrorism legislation have been taken down», while referencing the need to see «more work done to ensure the communications industry is aware
of extremist material circulating on their communications services and is actively assessing that material against their own
codes of practice to determine whether it should be removed».
Heywood found Green had twice
breached the ministerial
code, because his misleading comments had fallen short
of the «seven principles
of public life», one
of which is honesty.
MPs» expense data going back to 2010 shows that a number
of Tory MPs have paid subscriptions to the ERG whilst holding ministerial office: an activity
which appears to
breach the ministerial
code's rules on conflict
of interest.
This is a clear
breach of the UN and UNMISS
Code of Conduct
which prohibits sexual relationships with vulnerable individuals, including all beneficiaries
of assistance.
The charges in part read: «That you Col. Mohammed Sambo Dasuki whilst being National Security Adviser and Shaibu Salisu, whilst being the Director
of Finance and Administration in the Office
of the National Security Adviser and Hon. Waripamowei Dudafa (now at large) whilst bring Senior Special Assistant, Domestic Affairs to the President on or about 27th November within the jurisdiction
of this Honourable Court entrusted with dominion over certain properties to wit: the sum
of N10billion being part
of the funds in the account
of the National Security Adviser with the CBN, the equivalent
of which sum you received from the CBN in foreign currencies to wit: $ 47million and $ 5.6 million Euros committed criminal
breach of trust in respect
of the said property when you claimed to have distributed same to the Peoples Democratic Party (PDP) Presidential Primary Election delegates and you thereby committed an offence punishable under Section 315
of the Penal
Code Act, Cap 532, Vol.4, LFN 2004.
«That you Col. Mohammed Sambo Dasuki whilst being National Security Adviser and Shaibu Salisu, whilst being the Director
of Finance and Administration in the Office
of the National Security Adviser on or about 12th December 2013 in Abuja within the jurisdiction
of this Honourable Court, and in such capacities entrusted with dominion over certain properties to wit: N90million
which was in the account
of the ONSA with Diamond Bank Plc, committed criminal
breach of trust in respect
of the said property by remitting the said sum into the account
of Brains and Hammers Limited for the purchase
of 7 - bedroom duplex house at No. 11 Mansur Bamalli Drive (D1064), Apo 1 Abuja and you thereby committed an offence punishable under Section 315
of the Penal
Code Act, Cap 532, Vol.4, LFN 2004.
Green was ruled to have twice
breached the ministerial
code, because his misleading comments had fallen short
of the «seven principles
of public life», one
of which is honesty.
Heywood found that Green had
breached the ministerial
code twice, because his misleading comments had fallen short
of the «seven principles
of public life», one
of which is honesty.
«For me what was important was obviously the cabinet secretary's report,
which was endorsed by Sir Alex Allan, was clear that there had been
breaches of the ministerial
code.
Some are suggesting that this
breaches section 6 (b)(ii)
of the GLA
code of conduct
which states that the mayor «must, when using or authorising the use by others
of the resources
of your authority,... ensure that such resources are not used improperly for political purposes (including party political purposes)».
Delegates debate a motion saying that the Press Complaints Commission should be replaced with a body with the impose large fines on newspapers
which breach the
code of conduct and that the punishment for breaking the Data Protection Act should be increased so that offenders can be sent to jail.
The committee cleared her
of the central charge
of deliberately submitting expenses claims to
which she was not entitled, but said she had
breached the ministers»
code of conduct by providing «incomplete documentation and fragmentary information» to the inquiry.
When it becomes clear that the «papelle» thefts have not ceased, William is reassigned to Shanghai to finish the job, giving him the perfect opportunity to look up Maria — only to find that her memory
of him has been erased after she became pregnant in
breach of Code 46, a regulation
which prevents childbirths resulting from genetic incest.
You and Velocity Micro agree that any claim, dispute, or controversy, whether in contract, tort or otherwise, and whether pre-existing, present or future, and including statutory, common law, intentional tort and equitable claims («Dispute») against Velocity Micro, its employees, agents, successors, assigns or affiliates arising from, in connection with, or relating to this Agreement, its interpretation, or the
breach, termination, or validity thereof, the relationships
which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), Velocity Micro's advertising or any related purchase SHALL BE RESOLVED, EXCLUSIVELY AND FINALLY, BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION under its
Code of Procedure then in effect.
While stories from current and ex-employees
which have been appearing on social media suggest systematic
breaches of the
Code by the LDH, (such killing dogs in front
of other dogs), many
of the practices
which have outraged critics might not be morally defensible, but are perfectly legal.
Binding Arbitration: ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) BETWEEN CLIENT AND Mulcoy Travel, its respective agents, employees, principals, successors, assigns, or affiliates arising from or relating to these terms and conditions, interpretation thereof, or the
breach, termination or validity thereof, the relationships
which result from the tour (including, to the full extent permitted by applicable law, relationships with third parties who are not parties to these terms and conditions), Mulcoy Travel's advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) under its
Code of Procedure then in effect.
Although the ASA is a non-statutory body (
which means it can't interpret or enforce legislation), it does have the power to have advertisements
which breach its
code of advertising practice removed — a process
which of course prevents them from being used again.
While the facts and circumstances
of Mullaney are
of course different (other considerations apart, there was no complaint in Mullaney that the Standards Committee did not have relevant guidance drawn to its attention, whereas in Sanders it was common ground that the Case Tribunal was not referred to the relevant guidance on the circumstances in
which disqualification, suspension and partial suspension may be appropriate following a finding
of breach of the
code of conduct), this does differ somewhat from the approach
of Wilkie J in Sanders v Kingston.
I find that Constable B.'s actions, whether through inadequate training or negligence, did not comply with either the Criminal
Code or the Charter and constitute a serious
breach which weighs in favour
of the exclusion
of the evidence subsequently obtained.
For instance, the Criminal
Code provides for the crime
of breach of professional secrecy and the Criminal Procedure
Code provides that those who are subject to professional secrecy are not obliged to testify with respect to facts
of which he or she becomes aware in view
of the practice
of such profession.
Here, Google had a
code of conduct
which set out clearly what behaviour was acceptable and, as the employee clearly
breached this, they were able to act quickly as a result.
Ofcom found Channel 5 in
breach of r 2.11
of the Broadcasting
Code which requires: - competitions to be conducted fairly; - prizes to be described accurately; and - rules to be clear and made known.
Do they also cover other risks the participants may encounter, such as theft
of personal property, slips and falls, personal injury resulting from violent clients or allegations
of breaching the Human Rights
Code, to name a few risks
which may be relevant depending on the circumstances?
Serious
breaches of the
code or persistent
breaches of a material nature
which are a
breach of r 15 and may also be evidence
of inadequate professional services under the Solicitors Act 1974, s 37A.
Given that Botony
breached its obligations, the Court considered what an appropriate remedy might be under the Human Rights
Code,
which prohibits employment - related discrimination on the basis
of «family status.»
The CMSA also establishes two committees — the Discipline Committee and the Appeals Committee —
which are designed to hear and determine complaints about alleged
breaches of professionalism (including alleged violations
of the
Code of Ethics).
In addition, the Partridge case appears to be one
of the few instances in
which a court has ordered a party to pay compensation for
breaching the Human Rights
Code.
These large and complex construction defect suits often involve multiple parties in
which issues
of code violations, negligence,
breach of contract and fraud are at issue, as well as insurance coverage claims under GL policies.
Plaintiff search engine optimization firm sued defendant marketing firm for
breach of contract, prompting defendant to countersue plaintiff (as a cross-defendant) for
breach of contract and for a violation
of Penal
Code section 502 (a computer hacking claim
which is given civil claim status through the statute).
Specifically, the Union alleged that Vanderpol had
breached sections 6 (1) and 6 (3)(d)
of the Labour Relations
Code, R.S.B.C. 1996, c. 244 (the «
Code»),
which prohibit an employer from interfering with the formation, selection or administration
of a trade union, and seeking to compel or induce an employee to refrain from becoming or continuing to be a member
of a union.
Restraining orders may also include conditions for arrest upon
breach of the order, and
breaches are considered criminal offences under section 127
of the Criminal
Code, RSC 1985, c C - 46,
which creates the offence
of disobeying a court order without lawful excuse where no other punishment is expressly provided by law.
Given that the Tribunal can not award punitive damages or legal costs and typically does not award damages for lost future earning capacity and future therapeutic treatment (all
of which were awarded in Olympia), it would appear that civil actions should be given serious consideration in situations where an alleged
breach of the
Code involves factually complex or serious acts
of misconduct.
A punitive damage award is not available to an employee whose has suffered discrimination at the hands
of his or her employer in
breach of the Human Rights
Code.2 Although discrimination cases occasional involve acts by an employer that are so malicious that it would normally attract an award
of punitive damages, the Supreme Court
of Canada held in Honda Canada Inc. v Keays3 that the
Code is a comprehensive enforcement scheme the purpose
of which is not to punish employers but to compensate employees.
Moving forward many years to the 21st century: in 2009, Bountiful community leaders Winston Blackmore, 52, and James Oler, 44, were charged with one count each
of breaching Section 293
of the Criminal
Code,
which bans polygamy, by entering into a conjugal relationship with more than one individual at a time.
[247] Some labour arbitrators in Ontario have considered a
breach of a collective agreement as a factor in assessing undue hardship: see, for example, Chatham - Kent Children's Services v. Ontario Public Service Employees» Union, Local 148 (Bowen Grievance), [2014] O.L.A.A. No. 424 (note, however, that the arbitrator in this case relied on Renaud, supra note 208, a case that arose under British Columbia's Human Rights Act, S.B.C. 1984,
which did not enumerate specific factors for assessing undue hardship, as the Ontario Human Rights
Code does).
Although there are two corporate respondents to this Application, there remains a possibility that the Tribunal could find that [the individual respondent] was personally liable for his own conduct
which amounted to a
breach of the
Code... it remains potentially open to the Tribunal to make findings
of liability and require monetary remedies specifically from the personal respondents for their actions if it was to find that these actions were discriminatory.
(1) there is no proof that the law society can't deal with the problem «on its own,» it being a problem that LSUC itself inflicted on the residents
of Ontario by decades
of ignoring it (as have all law societies), and with no attempt to solve it or learn its cause,
which might well be «a
breach of trust by a public officer»; see s. 122
of the Criminal
Code, and the definition
of «public officer» provided by, R. v. Boulanger 2006 SCC 12.
Code s. 1798.82 (a)-RRB-,
which empowers its Attorney General to investigate and pursue legal action against businesses in violation
of its provisions, as well as requiring mandatory notifications to consumers, defines «
breach of the security
of the system» as «unauthorized acquisition
of computerized data that compromises the security, confidentiality, or integrity
of personal information maintained by the person or business.»
Instead
of writing rules and appointing a regulator to monitor for
breaches,
which is how the current financial system works, Bitcoin's
code sets the rules and the network checks for compliance.
Further, the suit states that Beardsley was in
breach of contract for failing to comply with Move's Insider Trading Policy, their
Code of Conduct (
which avoids «conflicts
of interest or any interest that could reasonably harm Move's reputation), and their Employee Handbook (
which included terms to comply with departmental rules anad policies, and complying with all federal, state, and local laws).