Sentences with phrase «common law defence»

The Ontario Court of Appeal outlined the factors necessary to support both a statutory and common law defence of duress, for people who find themselves in a «kill or be killed» situation.

But Smith J. rejected several other allegations of defamation related to other blog postings, finding that several common law defences did apply.

The Ministry of Justice should allow the Law Commission to make proposals in conjunction with those relating to our other common law defences.

Employers and the economic interests of capitalism were protected by powerful common law defences: if a worker or co-worker could be shown to have contributed in any way (for example, slipping onto exposed machinery) the employer was not held at fault or liable.

The Ontario Court of Appeal outlined the factors necessary to support both a statutory and common law defence of duress, for people who -LSB-...]

Firstly, he is asking that the common law defence of necessity should be granted to doctors who help people to end their lives.

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.

I am of the view that the Act was not intended to effect a wholesale displacement of the common law defences to liability, and it is significant that no mention is made of common law defences in s. 2.

Despite these reforms to the duty of care, the Court was not willing to allow the legislation to subsume the common law defences of occupiers» liability, as they were conspicuously absent from the section of the Act quoted above,

Mr. Tony Nicklinson, who has suffered from locked - in syndrome since 2005, and his lawyer are arguing that the common law defence of necessity should be extended to doctors who assist individuals in cases of assisted suicide.

The Ontario Court of Appeal's decision in Gutowski v. Clayton [1](«Gutowski») delivers a clear message that the extensive speech immunity protections afforded by the common law defence of absolute privilege will not extend to statements made by municipal councilors in council meetings.

The court found that on the Rule 21 motion there was no factual or expert evidence admissible on the issue of whether there was any necessity to extend the common law defence of absolute privilege.

«The trial judge erred in law by holding that the common law defence of duress was not available to persons charged as parties to a murder,» says the appeal ruling in R. v. Aravena.

In particular, the unambiguous ruling that common law defences are unavailable in s. 145 claims should reduce the complexity and, therefore, the duration and cost of such claims.

* The court instead found that the common law defence of absolute privilege and the statutory defence of good faith were intended to co-exist (following the approach taken by the BC Court of Appeal in Schut v. Magee, 2003 BCCA 417).