Sentences with phrase «by common law action»

Judgments obtained in Netherlands for the payment of money may be recognized and enforced in Ontario by a common law action on the judgment, if in accordance with the common laws of Ontario (and Canada, if applicable) concerning the recognition and enforcement of foreign judgments.

Judgments obtained in Australia for the payment of money may be recognized and enforced in Ontario by a common law action on the judgment, if in accordance with the common laws of Ontario (and Canada, if applicable) concerning the recognition and enforcement of foreign judgments.

For these and other reasons, conservative and libertarian intellectuals who embrace what is known as «free market environmentalism» have long argued that pollution is a trespass on private property that is best dealt with whenever possible by common law action — not by legislators acting to referee such trespasses via sweeping environmental laws with (heavily politicized) utilitarian calculations in mind.

Not exact matches

Modernity's emphasis on secularism involves three elements - a) the desacralisation of nature which produced a nature devoid of spirits preparing the way for its scientific analysis and technological control and use; b) desacralisation of society and state by liberating them from the control of established authority and laws of religion which often gave spiritual sanction to social inequality and stifled freedom of reason and conscience of persons; it was necessary to affirm freedom and equality as fundamental rights of all persons and to enable common action in politics and society by adherents of all religions and none in a religiously pluralistic society; and c) an abandonment of an eternally fixed sacred order of human society enabling ordering of secular social affairs on the basis of rational discussion.

Lerner, with Common Cause, says New York State should enact reforms and make changes to its laws so that the actions by the former legislative leaders are clearly prohibited.

Lerner, with Common Cause, says New York state should enact reforms and make changes to its laws so that the actions by the former legislative leaders are clearly prohibited.

ICFE DCCS ® Independent Study Guide Table of Contents Consumer Financial Protection Bureau to oversee debt collectors Collection agencies and junk debt buyers - Mini-Miranda What to do if a debtor is contacted about past debts Sample cease and desist letter Fair Debt Collection Practices Act Summary from the CFPB Debt that is covered Debt Collectors that are covered Debt Collectors that are NOT covered Debt Collection for Active and Veteran Military Personnel Communications connected with debt collection When, where and with who communications is permitted Ceasing Communication with the consumer Communicating with third parties Validation of debts Prohibited Practices: Harassing or abusive Practices False or misleading representations Unfair Practices Multiple debts Legal Actions by debt collectors Furnishing certain deceptive forms Civil liability Defenses CFPB / FTC staff's commentary on the FDCPA Common debt collector violations How to document a collector's abusive behavior What to do if a collector breaks the law How collectors are trained - examples of collector training courses FDCPA Sample Exam from ACA for Collectors How collectors are using Social Medias in collections Dealing with creditors and third party collectors Other factors for a debtor in collection: Credit reports and scores Reviewing credit reports with debtors - Permissible uses Rules about credit decisions and notices Debtor education about credit reports and FICO scores Specialty Report Providers Rules to protect consumers in credit card debt How to read and understand credit reports How to make changes or dispute accuracy Freezing Credit Files FCRA / FACTA Provisions of ID Theft victims How credit scoring works The Credit Card Accountability and Disclosure Act Credit Rules CFPB rules establish strong protections for homeowners facing foreclosure Other Resources

The G7 leaders agreed to jointly take a leading role in international efforts to address pressing issues, such as downside risk for the global economy and challenges to the international order through unilateral actions, as a group guided by common values and principles, including freedom, democracy, the rule of law and respect for human rights.

13.4 If the the World Photography Organisation is in breach of any of its obligations under these Terms and Conditions or the Rules or under statute or common law, Your rights and remedies will be limited to the right (if any) to recover damages in an action at law and in no circumstances will You be entitled by reason of any such breach to enjoin or restrain the distribution, exhibition, broadcasting, advertising or exploitation of any photographs or any Entry

Ultimately, the Court of Appeal agreed that the legislation was simply too ambiguous, relying on the rule of statutory interpretation that common law rights — including rights of subrogation — can not be removed by legislative action without clarity of intention.

It was in respect of her containment that the appellant brought an action against the Commissioner for damages at common law for false imprisonment and under s 7 of the Human Rights Act 1998 (HRA 1998) in respect of her right to liberty as guaranteed by Art 5 of the Convention.

[Where state trooper took affirmative action of allowing police dog to be off leash, there is no immunity from suit; actions for personal injury caused by police dog will be analyzed under the dog bite common law, whether the owner of the dog knew or should have known of the dog's vicious propensities, as the Massachusetts Tort Claims Act does not permit actions under strict liability.]

It replaces the common law defence of «fair comment» with the statutory defence of «honest opinion», and takes a potshot at «libel tourism» by providing that the courts should not deal with actions brought against non-UK or non-EU residents unless satisfied it is appropriate to do so.

Historically actions around privacy stemmed from concepts of trespass in the common law, and were only recognized as cearly actionable where stipulated by statute.

Such a provision is frequently recommended by business lawyers in US and common - law Canada as a means of avoiding class actions by consumers — so it's not surprising that consumer advocated do not like them.

«I am not prepared to adopt, as the defendant's argue, a blanket principle that an Ontario court lacks jurisdiction to entertain a common law action to recognize and enforce a foreign judgment against an out - of - jurisdiction judgment debtor in the absence of a showing that the defendant has some real and substantial connection to Ontario or currently possesses assets in Ontario... No jurisprudence binding on me has expressly placed a gloss on that ability to assume jurisdiction by requiring the plaintiff to demonstrate that the non-resident judgment debtor defendant otherwise has a real and substantial connection with Ontario.»

We agree with the Attorney General that the purpose of the Martin Act is not impaired by private common - law actions that have a legal basis independent of the statute because proceedings by the Attorney General and private actions further the same goal — combating fraud and deception in securities transactions.

I would suggest that the reason that the presumption is relatively uncontroversial with respect to statutory interpretation and common law development is because it can be ousted by clear legislative action that derogates from the international law or agreement.

Thus, in a common - law action for bodily injuries caused by a dog, a plaintiff must show that:

(4) The action authorized in this section is in addition to, and does not limit or affect, other actions available by statute or common law, now or in the future.

Stage one: does the action in question fall within the general scope of a police duty imposed by statute or recognized at common law?

This point was then further considered by Slade J in Ashby where, although again a strike out was refused, she looked for a wider principle in these cases and purported to find it in the conflict of laws area of forum non conveniens, namely that an important factor in deciding whether to strike out under s 2 (3) is why the claimant did not bring tribunal proceedings in time; on such an approach, the reasonableness of the claimant's actions could be tested and if necessary the common law claim struck out even if that left the claimant with no remaining cause of action.

Historically, the practice of funding legal action in exchange for future remuneration has been governed by the common law doctrines of champerty and maintenance, which emerged to safeguard a party's best interests and protect the administration of justice against abuse from nonparties.

In a statement to Law Blog, Katherine Barrett, the general counsel for Anheuser - Busch's U.S. operations, said, «It's certainly possible that the $ 3.5 million fee collected by the plaintiffs» attorneys will outsize the benefit paid to consumers, an outcome that is increasingly more common in class action suits such as this.»

While actions to enforce privacy rights have been recognized for years in British Columbia by the Privacy Act, there are some important differences between the common law tort and the statutory right of action.

R. v. MacDonald, 2014 SCC 3 (34914) Two stages: the court must ask whether the action falls within the general scope of a police duty imposed by statute or recognized at common law; if the answer is affirmative, the court must inquire into whether the action constitutes a justifiable exercise of powers associated with the duty.

As explained by counsel in that case, Mark West, in 2011 Civil Justice Quarterly 367, Hobhouse J had in fact been shown a «considerable volume of authority» which, in short, established and confirmed that common law counts for money had and received were actions upon the case, and were expressly accorded a six - year period (as were actions of account) by the terms of s 3 of the Limitation Act 1623.

It is rare for the common law, through the tort of negligence, to impose a duty of care on a party to take action to prevent to prevent the infliction of physical harm to a person by the malicious act of another.

The Drug and Medical Device Product Liability Deskbook includes: detailed coverage of: warning - related claims and defenses; other information - based theories; strict liability; FDA - related per se liability; preemption of common law tort claims by the Food, Drug & Cosmetic Act and FDA regulations; class actions in drug and medical device litigation; theories of liability asserted against entities other than manufacturers; practical issues involving litigation management; the use of expert witnesses; and many other important topics.

BOOK REVIEW: The Class Action in Common Law Legal Systems: A Comparative Perspective by Rachael Mulheron Craig Jones

The European Justice Forum organized on March 5th, 2009 a first meeting on e-justice to which our Network was represented by its secretarial which explained the action led for the access to the case law of the Supreme Courts with the common Portal.

Judge Simmonds QC heard argument on the preliminary issues of: whether a breach of ICTA 1988, s 561 (2) by HMRC would give rise to a cause of action for damages; if so, whether HMRC was in breach of s 561 (2) as alleged by the claimant; whether HMRC owed a common law duty of care to the claimant to process the application with reasonable expedition; and if so, whether there had been a breach of that duty of care as alleged by the claimant.

Unless and until that happens, he said that the narrow principle of non-deductibility of earnings during a missing notice period (in a statutory as opposed to a common law action) should still be applied by the tribunals.

The two basic requirements at common law for a derivative action are: - that the alleged wrong or breach of duty is one that is incapable of being ratified by a simple majority of the members; and - that the alleged wrongdoers are in control of the company, so that the company, which is the «proper claimant» can not claim by itself.

It's a complex thesis which argues that at the time when the common law was slowly developing the action of debt, the assize of novel disseisin, and trial by jury, during the time of Henry II, Islamic law had three analogous institutions, and that there were enough links to Sicily to make the borrowing plausible.

... the purchasing of a suit or right of suing a practice so much abhorred by our law that it is one main reason why a chose in action or thing of which one hath the right but not the possession is not assignable at common law because no man should purchase any pretence to sue in another's right.

A month earlier, on Nov. 17, Justice Cory Gilmore also had critical words for Ferro in a solicitor's breach of undertaking action by Justin Hrycko, the former common law spouse of a Ferro client, Olga Miller.

Representation of a beer wholesaler and transportation company with common ownership in litigation to enjoin various actions by the state tobacco and alcohol commission on the ground that the commission's actions were preempted by federal law and violated the Equal Protection Clause.

The system made up of rules established by an act of parliament, custom or practice enjoining or prohibiting certain action (see also COMMON LAW)

The General Assembly, Guided by the purposes and principles of the Charter of the United Nations, and good faith in the fulfilment of the obligations assumed by States in accordance with the Charter, Affirming that indigenous peoples are equal to all other peoples, while recognizing the right of all peoples to be different, to consider themselves different, and to be respected as such, Affirming also that all peoples contribute to the diversity and richness of civilizations and cultures, which constitute the common heritage of humankind, Affirming further that all doctrines, policies and practices based on or advocating superiority of peoples or individuals on the basis of national origin or racial, religious, ethnic or cultural differences are racist, scientifically false, legally invalid, morally condemnable and socially unjust, Reaffirming that indigenous peoples, in the exercise of their rights, should be free from discrimination of any kind, Concerned that indigenous peoples have suffered from historic injustices as a result of, inter alia, their colonization and dispossession of their lands, territories and resources, thus preventing them from exercising, in particular, their right to development in accordance with their own needs and interests, Recognizing the urgent need to respect and promote the inherent rights of indigenous peoples which derive from their political, economic and social structures and from their cultures, spiritual traditions, histories and philosophies, especially their rights to their lands, territories and resources, Recognizing also the urgent need to respect and promote the rights of indigenous peoples affirmed in treaties, agreements and other constructive arrangements with States, Welcoming the fact that indigenous peoples are organizing themselves for political, economic, social and cultural enhancement and in order to bring to an end all forms of discrimination and oppression wherever they occur, Convinced that control by indigenous peoples over developments affecting them and their lands, territories and resources will enable them to maintain and strengthen their institutions, cultures and traditions, and to promote their development in accordance with their aspirations and needs, Recognizing that respect for indigenous knowledge, cultures and traditional practices contributes to sustainable and equitable development and proper management of the environment, Emphasizing the contribution of the demilitarization of the lands and territories of indigenous peoples to peace, economic and social progress and development, understanding and friendly relations among nations and peoples of the world, Recognizing in particular the right of indigenous families and communities to retain shared responsibility for the upbringing, training, education and well - being of their children, consistent with the rights of the child, Considering that the rights affirmed in treaties, agreements and other constructive arrangements between States and indigenous peoples are, in some situations, matters of international concern, interest, responsibility and character, Considering also that treaties, agreements and other constructive arrangements, and the relationship they represent, are the basis for a strengthened partnership between indigenous peoples and States, Acknowledging that the Charter of the United Nations, the International Covenant on Economic, Social and Cultural Rights (2) and the International Covenant on Civil and Political Rights, 2 as well as the Vienna Declaration and Programme of Action, (3) affirm the fundamental importance of the right to self - determination of all peoples, by virtue of which they freely determine their political status and freely pursue their economic, social and cultural development, Bearing in mind that nothing in this Declaration may be used to deny any peoples their right to self - determination, exercised in conformity with international law, Convinced that the recognition of the rights of indigenous peoples in this Declaration will enhance harmonious and cooperative relations between the State and indigenous peoples, based on principles of justice, democracy, respect for human rights, non-discrimination and good faith, Encouraging States to comply with and effectively implement all their obligations as they apply to indigenous peoples under international instruments, in particular those related to human rights, in consultation and cooperation with the peoples concerned,

2d 651)-- remedies provision of the Property Condition Disclosure Act are unenforceable beyond the requirement to give a $ 500 credit at closing should the seller refuse to provide the form, thereafter, common law or statutory remedies, if any, are available; information contained in the disclosure statement survives neither contract nor closing; seller answering «unknown» on the disclosure form triggers a duty to inquire on the part of the buyer and relieves the seller of any potential liability for defects that arise in regard to the part of the premises covered by the question; any information disclosed during the sale of the property merges into the contract and does not exist on its own basis of a common law cause of action; buyer's action based on breach of the disclosure statement is dismissed on the grounds that no such cause of action is created by RPL Article 14; buyer's relief exists under common law contract theories and buyers have not proven their prima faciecase under those theories