Sentences with phrase «civil proceedings under»

In R. v. Zelensky, the Supreme Court emphasized that the restitution provisions in the Criminal Code should not be used as a substitute to civil proceedings under provincial legislation.

Breach of the code is admissible in criminal and civil proceedings under s 377 (7).

Proceedings about the same child support calculation (or assessment) could then go to the same county court as civil proceedings under s 36, and as family proceedings under s 111A on appeal.

Thus the strike out provision of FPR 2010, r 4.4 (1) under which the case had proceeded in the Court of Appeal has to be construed without reference to «real prospects of success» test (as required for civil proceedings under CPR 1998 r 24.2); and FPR 2010 Practice Direction PD4A para 2.4 is «an unhelpful curiosity [in the absence of] a power in FPR 2010 to give summary judgment».

Not exact matches

In addition, currently the cost of bringing proceedings in the civil courts (under the Protection from Harassment Act, for example) is prohibitively expensive for the majority of victims of abuse.

Pursuant to Education Law section 16, any person having reasonable cause to suspect that a student has been subjected to harassment, bullying, and / or discrimination by an employee or student, on school grounds or at a school function, who acting reasonably and in good faith, either reports such information to school officials, to the commissioner, or to law enforcement authorities or otherwise initiates, testifies, participates or assists in any formal or informal proceedings under this subdivision, shall have immunity from any civil liability that may arise from the making of such report or from initiating, testifying, participating or assisting in such formal or informal proceedings.

«(b) AUTHORITY - Each United States district court shall authorize, by local rule adopted under section 2071 (a), the use of alternative dispute resolution processes in all civil actions, including adversary proceedings in bankruptcy, in accordance with this chapter, except that the use of arbitration may be authorized only as provided in section 654.

(j) Any civil action brought under subsection (e) and any proceedings brought under subsection (i) shall be subject to appeal as provided in sections 1291 and 1292, title 28, United States Code.

Were there any real likelihood of this ensuring more payments it might be tolerable to see the criminal jurisdiction — excluded for civil proceedings since the late 19th century — brought into family law; but I doubt there will be any higher a rate of clearance of arrears than under the existing scheme.

In this civil action brought by Dionisije and the other respondents in Illinois Circuit Court, the Supreme Court of Illinois held that the proceedings of the Mother Church respecting Dionisije were procedurally and substantively defective under the internal regulations of the Mother Church and were therefore arbitrary and invalid.

For over thirty years, Mr. Miklave has represented employers and management in all areas of employment, civil rights, and traditional labor law, including issues arising under federal and state anti-discrimination and anti-retaliation statutes; non-compete agreements and other post-employment restrictions; wage and hour investigations and litigation; multi-employer pension plan withdrawal liability and administration; collective - bargaining negotiations, administration and enforcement proceedings; corporate restructurings, reorganizations and plant closings; and employment practices and policies.

Under the civil regime we will be able to stop misleading advertising quickly without embarking on lengthy criminal court proceedings.

Under s 222 (1): «Where a local authority consider it expedient for the promotion or protection of the interests of the inhabitants of their area --(a) they may prosecute or defend or appear in any legal proceedings and, in the case of civil proceedings, may institute them in their own name.»

Guardian contributor and civil rights barrister David Pannick was briefed (at a fee which Brett refuses to disclose but which was at arm's length) to apply... to Leonard J in the High Court for Brett to be granted an audience on the ground that this was allowed under the court's inherent jurisdiction to regulate its proceedings.

Here are some tips for attorneys and clients faced with instituting or defending child abduction proceedings under the Hague Convention on the Civil Aspects of International Child Abduction, whether in the United States or internationally.

The expert also needs to know what type of case it is, ie civil, criminal, family or other, whether the matter is in its early pre-action stage or if court proceedings have begun, and whether you are instructing him as a party - appointed expert or a single joint expert (or, if the matter is pre-action, as a jointly selected expert under a pre-action protocol).

The focus of his work in this area typically arises out of claims for interim injunctive relief where issues of jurisdiction arise (including under the Recast Brussels Regulation), and injunctions in support of foreign proceedings (under section 25 Civil Jurisdiction and Judgments Act 1982).

Peter has experience advising on consumer credit and related legislation and representing clients in civil actions and in some criminal proceedings under the 1974 Act.

Where proceedings have been taken to the point of judgment against a person who was not the correct defendant, that person might recover by way of contribution or indemnity, under s 1 of the Civil Liability (Contribution) Act 1978, against the person who should have been the defendant.

Under the applicable procedural rules in Switzerland, investigators or the court may neither ask for documents that relate to the professional legal representation of a party or of a third person in civil proceedings nor for correspondence between an accused person and the defence lawyer in criminal proceedings.

that evidence... if it tends to incriminate him or her... shall not be used or received against the police officer... in any civil proceeding or in any proceeding under any other Act, except in a prosecution for or proceedings in respect of perjury or the giving of contradictory evidence.

The Ontario Office of the Children's Lawyer may represent children under the age of 18 with respect to their personal and property rights, including child custody and access disputes, child protection proceedings, estate matters and civil litigation.

They were made by the Lord Chancellor under the Justice and Security Act 2013 and surprisingly were not published in blank as they deal with the Act's regime for a closed material procedure in civil proceedings in England and Wales in the High Court, Court of Appeal and Supreme Court.

Just when most magistrates» legal advisers had cracked the question of what type of proceedings are child support proceedings in their court (they are not «family proceedings» because they are not listed in MCA 1980 s 65 (1) among those statutes which do give rise to «family proceedings»); just when the more alert had resolved that they are therefore civil proceedings, heard in open court and by the procedure set out in MCA 1980, s 53 and under the appropriate non-family procedural rules; along comes s 111A (5).

Business Development: Brokering various business dealings that further the diversification of Indian economies Developing and accessing commercial financial programs and services for tribal governments, including tax - exempt offerings and federally - guaranteed housing loans Serving as issuer or underwriter's counsel in tribal bond issuances Ensuring tribal compliance with Bank Secrecy Act and other federal financial regulatory requirements Handling federal and state income, excise, B&O, property and other tax matters for tribes and tribal businesses Chartering tribal business enterprises under tribal, state and federal law Registering and protecting tribal trademarks and copyrights Negotiating franchise agreements for restaurants and retail stores on Indian reservations Custom - tailoring construction contracts for tribes and general contractors Helping secure federal SBA 8 (a) and other contracting preferences for Indian - owned businesses Facilitating contractual relations between tribes and tribal casinos, and gaming vendors Building tribal workers» compensation and self - insurance programs Government Relations: Handling state and federal regulatory matters in the areas of tribal gaming, environmental and cultural resources, workers» compensation, taxation, health care and education Negotiating tribal - state gaming compacts and fuel and cigarette compacts, and inter-local land use and law enforcement agreements Advocacy before the Washington State Gambling Commission, Washington Indian Gaming Association and National Indian Gaming Commission Preparing tribal codes and regulations, including tribal court, commercial, gaming, taxation, energy development, environmental and cultural resources protection, labor & employment, and workers» compensation laws Developing employee handbooks, manuals and personnel policies Advocacy in areas of treaty rights, gaming, jurisdiction, taxation, environmental and cultural resource protection Brokering fee - to - trust and related real estate and jurisdictional transactions Litigation & Appellate Services: Handling complex Indian law litigation, including commercial, labor & employment, tax, land use, treaty rights, natural and cultural resource matters Litigating tribal trust mismanagement claims against the United States, and evaluating tribal and individual property claims under the Indian Claims Limitation Act Defending tribes and tribal insureds from tort claims brought against them in tribal, state and federal courts, including defense tenders pursuant to the Federal Tort Claims Act Assisting tribal insureds in insurance coverage negotiations, and litigation Representing individual tribal members in tribal and state civil and criminal proceedings, including BIA prosecutions and Indian probate proceedings Assisting tribal governments with tribal, state and federal court appeals, including the preparation of amicus curiae briefs Our Indian law & gaming attorneys collaborate to publish the quarterly «Indian Legal Advisor ``, designed to provide Indian Country valuable information about legal and political developments affecting tribal rights.

If the privilege is available, advantages of asserting the privilege include that the client may be prevented from making statements in a civil proceeding that could be used against him or her in future criminal or civil proceedings or private civil litigation.82 In addition, testifying in a civil or criminal proceeding may, under certain circumstances, amount to a waiver of the Fifth Amendment privilege for purposes of the same proceeding and any future proceedings.83 Conversely, risks of asserting the privilege include that adverse inferences may, under certain circumstances, be drawn in civil or administrative proceedings from an individual's assertion of Fifth Amendment rights in a prior civil or administrative proceeding.84 Moreover, an individual's assertion of the privilege in a civil proceeding could factor into law enforcement's charging decisions.

The firm recently acted in matters relating to confiscation proceedings, cash seizure, forfeiture, restraint orders, property freezing orders and civil recovery orders under the Proceeds of Crime Act and tipping off offences in accordance with National Criminal Intelligence Service «NCIS».

The appellants argued that statements made during council meetings are akin to statements made in the federal and provincial parliaments and should be protected by way of a similar speech immunity.8 The absolute privilege enjoyed by members of the legislatures and Parliament, encompassed under the umbrella of «parliamentary privilege,» secures the right of parliamentarians to speak and debate freely in parliamentary proceedings with immunity from civil or criminal action.

They are also regularly involved in advising and bringing proceedings under other human rights instruments such as the United Nations» International Covenant on Civil and Political Rights as well as EU law.

The conjunction «or» serves to separate «civil proceedings» from «any proceeding under any other Act»; «any other Act» is not, on plain reading, a qualifier for both items in the list.

While the United States has not entered into any treaties for the recognition of foreign court judgments in civil actions, private civil litigants may seek to register final U.S. court decisions with foreign courts through exequatur proceedings under the law of the foreign jurisdiction.

That power belongs to the Attorney General of Ontario (the AG), which is statutorily authorized under the Civil Remedies Act, 2001 (the Act) to commence proceedings before the Ontario Superior Court for an order requiring a wrongdoer to forfeit property in Ontario to the Crown in right of Ontario where the court finds that the property is the «proceeds of unlawful activity».

Among other things: successfully obtaining the continuation of a US $ 2 billion freezing order under s. 25 of the Civil Jurisdiction and Judgments Act 1982 in support of Russian proceedings; and successfully acting on an ex parte appeal against a Judge's refusal to grant a Chabra freezing order — the Order was granted by the Court of Appeal and continued on the return date (with Stephen Smith QC and Ben Griffiths).

The logic applied just as much to administrative proceedings: «Holding parties who receive the Record under an implied obligation not to use information in it for a collateral purpose promotes the public interest in obtaining full disclosure of [relevant] material..., just as this promise of confidentiality supports the obligation of complete disclosure between parties in civil actions» (at para. 37).

That aspect of the Québec system of courts has no equivalent in other provinces where all provincial court civil jurisdictions are under Small Claims Court proceedings.

[92] I therefore find that Mr. Bruce was entitled to seek compensation by way of grievance and arbitration under the 2014 Collective Agreement for the matters raised in his notice of civil claim in these proceedings and had he done so, could have obtained a meaningful remedy for those complaints.

When a company under investigation is also involved in ongoing civil proceedings (before a court or an arbitral tribunal) that relate to the conduct under investigation, a party or the government may seek to stay those proceedings pending the outcome of the investigation.

Under Austrian law, private parties may declare a joinder of their civil claims to the criminal proceedings (section 67 StPO).

If you breach your duties under the LPA then you may find yourself liable to both criminal and civil proceedings.

Mr Smith alleged that the proceedings as a whole, both criminal and civil, that had been brought against him in France were contrary to Article 6.1 and / or Article 6.3 of the ECHR and / or a breach of natural justice under English law.

When multiple civil actions involving one or more common questions of fact are pending in several different federal district courts, those actions can sometimes be transferred to one district court for coordinated and consolidated management and pretrial proceedings under a single judge.

It provides that the «record of proceedings» in a matter that results in the conviction for a criminal offence under the Act (or a failure to comply with a Tribunal order) is «prima facie» evidence of the alleged conduct in a civil action.

Re «Sharjah Pride» and «Sea Lion» [2012] EWHC 3628 (Comm): worldwide freezing and disclosure orders obtained on behalf of RBS under section 25 Civil Jurisdiction and Judgments Act 1982 in support of proceedings in Sharjah in a case that will become the leading decision on the links to the jurisdiction which must be shown to justify section 25 relief.

restraint and confiscation proceedings under the civil fraud provisions of the Proceeds of Crime Act 2002.

Where a company subject to investigation is also involved in ongoing civil proceedings (before the courts or an arbitral tribunal) that relate to the conduct under investigation, the parties may seek to stay those proceedings pending the outcome of the investigation.

As Coulson J stated, «s 33 only applies to personal injury and fatal accident claims, not other forms of civil proceedings» and that such claims «have always been the subject of special rules relating to limitation», that secondly, as evident from countless authorities, «no decision under s 33 can be regarded as setting down definitive guidelines that are automatically applicable in another factual decision; any decision under s 33 has to be regarded as a decision on the particular facts of that case, and nothing more.»

The court also reiterated that official publications emanating from the relevant government department can be referred to in civil proceedings as an aid to construction and that a Code of Practice which is designed to give practical guidance to employers as to how to comply with their duties under statutory regulations can be taken as providing some assistance as to the meaning it was intended those regulations should have.

[22] As shown by the recent Court of Appeal decision in Deep, Steinecke is still good law, as the Court found that Deep could not rely on documents inadmissible under civil proceedings due to s. RHPA 36 (3), and found that, «[w] ithout this evidence the appellant has no way of proving the necessary facts to support his claim.»

The Federal Court has concurrent jurisdiction with provincial courts to hear and determine all proceedings, other than the prosecution of offences under sections 42 and 43, for the enforcement of a provision of this Act or of the civil remedies provided by this Act.

In any civil proceedings taken under this Act in which the defendant puts in issue either the existence of the copyright or the title of the plaintiff to it,