Sentences with phrase «code does»

While provincial law societies are subject to human rights legislation, Section 1 of the Ontario Human Rights Code does not list «class» as a potential site for discrimination when accessing services, goods and facilities.
The trial lawyers in Congress loved the old hearsay rule and didn't want to see it restricted the way these rules did (and your Code does even more).
TWU is still protected by the HR Code, but the HR Code does not give them a right to a law school.
Interestingly, justices Rothstein and Wagner JJ dissented, arguing that section 59 of the Code does not apply in situations involving the complete and permanent closure of a business:
The Canadian Criminal Code does not actually have any special section when there is an assault between spouses.
Although the UAE Penal Code does not explicitly define the term «secret», a secret has been interpreted by courts to include anything that would be considered by its nature or due to the circumstances to be confidential and would include proprietary commercial and business information that is not in the public domain.
[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).
Well, that sounds very straight forward — The Criminal Code does not affect martial or military law.
In addition, the BC Code does contain a number of sections from the Model Code that were not in the Professional Conduct Handbook and as such introduces a variety of new concepts to the ethical and professional responsibility landscape in the province that lawyers should be aware of.
The Civil Code does not make it a condition to the validity of a contract that consideration exists.
Although, the Ontario Human Rights Code does not specifically say that alcoholism or drug addiction are a disability (nor does it say cancer or diabetes is a disability under the Code.
The issue here, is that the Human Rights Code does not define the terms «employee» or «employment» within the statute.
On November 3, 2010, Quebec's Court of Appeal ruled that the province's Civil Code does indeed discriminate against common - law spouses by denying them the same recourse to alimony as those who are married.
In fact, in 2012, the Human Rights Tribunal of Ontario ruled that the Human Rights Code does indeed apply to volunteering.
The proper conclusion was that the BC human rights code does not apply to partners because a member of a partnership can not, almost by definition, be an employee.
Therefore, the B.C. Labour Relations Code does not compel employers to disclose documents whose whole purpose is to assist the union to monitor provisions of the collective agreement outside the grievance / arbitration procedure.
The definition of vehicle in the Illinois Vehicle Code does use the word «transported» which isn't defined.
The law is already clear, they said: even though the Human Rights Code doesn't explicitly say the words «gender identity and gender expression», the Tribunal and courts have decided that these grounds are nonetheless protected.
For some unexplained reason, the federal judicial code does not.
Whilst, strictly speaking, the scope of parental responsibility is a term defined within the 2015 Code of Practice to the Mental Health Act, the Code does not limit its application to treatment for mental disorder.
The Criminal Code does not define fraud any further than this.
The BC Human Rights Code does allow for some kinds of discrimination based upon retirement age.
This amendment to the Human Rights Code does not create new legal rights for trans people.
In other words, the Code does not prevent an employer from dismissing employees absent misconduct.
Although the revised Code does acknowledge that a more restrictive approach to subletting may be appropriate for «shorter term leases or leases of particular types of property», many landlords will still feel that the revised Code is too prescriptive in this respect.
The Code does not explicitly oust the employer's common law right to dismiss non-unionized employees without cause.
The Flag Code does not prescribe any penalties for non-compliance nor does it include enforcement provisions; rather the Code functions simply as a guide to be voluntarily followed by civilians and civilan groups...
The Code does not contain a provision governing the practice and it has yet to capture the imagination of Canadian trial lawyers.
Unfortunately, the US bankruptcy code does not provide a strict definition of undue hardship.
The Criminal Code doesn't permit a plea of nolo contendere, however the jurisprudence establishes that a similar procedure is available to accused in Canada, Toronto... Read more
The Appeals Officer ruled that the obligation to inspect under paragraph 125 (1)(z. 12) of the Code does not apply to any place where a letter carrier is engaged in work outside the physical building, given that the Employer does not exercise control over these workplaces.
It may be that the Toronto municipal code does not speak to enforcement because it was thought that existing law covered it adequately.
Now, to be fair, the fourth commentary to r. 5.1 - 1 of the Model Code does mention the duty of lawyers with respect to non-party children, the only reference in the Code to children other than in the context of lawyers» guarantees of loans at r. 3.4 - 35 (a).
To run your notebook, you'll need to install some software because although the interface lives in your browser, the code doesn't run on the web.
The Criminal Code does not provide for appeals from orders under s. 487.3 (4)(sealing order) or s. 487.0193 (4)(revoking or varying the production order).
Bearing in mind the paper's references to resource - saving and speed in resolving investigations, it is likely that the new code will not stipulate — as the existing code does — that a proper investigation of the suspected criminality must be undertaken prior to a decision being taken as to whether to prosecute or not.
The Criminal Code does not explicitly list mitigating factors which judges should use to determine the fair sentence in a particular case.
For years, we both have been confident of the view that the Code does not concern itself with the niceties, or inadequacies, of the familiar labour law distinction between «employees» and «independent contractors».
Whatever the distinction's usefulness, say in regards to issues of vicarious liability, it is intellectually and legally useless here because no one cares, and the Code does not care, whether you refused to employ a person as an employee or as an independent contractor if the reason you did so was because of sex, race, religion or age.
258 (1)(c) and 258 (1)(g) of the [Criminal] Code does not support the requirement of a lawful demand for the evidentiary shortcuts to apply,» Justice Michael Moldaver wrote, with Justices Andromache Karakatsanis, Richard Wagner, Clément Gascon and Suzanne Côté concurring.
As noted above, the Code does not provide a definition of the class to whom it applied (T), and, all the more so, a definition which relates to the mischief to be ameliorated by the Code (M).
That the Court is keen to avoid such a conclusion is clear from the argument brought forth in the statement of the Court in paragraphs 46 and 47 of the judgment, where the Court finds that its decision to rule for the non-applicability of the Visa Code does not run contrary to the distinct requirement of the Visa Code to refuse a visa in case there are doubts with regard to the applicant's intention to leave the territory of the Member State after the expiry of the visa — a refusal that would be taken as a result of the application of the Visa Code, not as a result of its non-applicability.
For example, Kansas City municipal code does allow cars without valid license plates to be towed on the spot without warning, although I don't know how / if that applies to private parking lots.
Notwithstanding the fact that the employee likely did not have the «right» to take the time off to care for his children under the Ontario Employment Standards Act, 2000, the law is clear that: (a) the ESA establishes certain minimum standards only, and (b) the Human Rights Code does, very clearly, contemplate one's «family status» as a protected ground.
Though the Criminal Code does not provide a list of mitigating factors to be used in determining a fair sentence in a criminal trial, judge made case law has established a list of mitigating factors that the courts may use to determine a fair sentence in a particular case.
In Browne v. Sudbury Integrated Nickel Operations, 2016 HRTO 62 (Hart), the Tribunal held that the Ontario Human Rights Code does not protect the right of a cisgendered or gender conforming man [1] to grow a beard.
Pinto's legal opinion touches on the fact that our Code does not have the same proactive requirements to «promote,»
The Model Code does not expressly require that lawyers uphold solicitor - client and litigation privilege.
The Model Code does not account for these extraordinary characteristics.
[19] I accept that the mere breach of a statutory authority or code does not, of itself, automatically give rise to civil liability.
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