Sentences with phrase «common law definition of»

The Casebook also includes court decisions from Canada: Haig v. Canada (1992)(omission of sexual orientation in the Canadian Human Rights Act is discriminatory); Egan v. Canada (1995)(whether exclusion of same - sex relationships from the definition of common law spouse violated the Canadian Charter of Rights and Freedoms Section 15 prohibition of discrimination on the basis of sexual orientation); Vriend v. Alberta (1998)(college laboratory instructor dismissed because of his homosexuality); Hall v. Powers (2002)(student refused permission to attend a prom at a Catholic high school with his boyfriend); Halpern et al. v. Attorney General of Canada (2003)(whether denial of marriage licenses to same - sex couples based on the common law definition of marriage was discriminatory under the Charter; a postscript indicates that the 2005 Civil Marriage Act provided for gender - neutral definition of marriage).

[6] With no factual or expert evidence admissible on the motion, the Court noted that «a Rule 21 motion is not the appropriate vehicle» 7 to decide whether the common law definition of absolute privilege should extend to statements made by municipal councilors in council meetings on the basis of necessity.

In Halpern the Hyde v Hyde common law definition of marriage was reformulated, while in Re Marriage Cases ss 300 and 308.5 of the California Family Code (resembling Matrimonial Causes Act 1973 (MCA 1973) s 11 (c) in their effect) were struck down.

In the Same Sex Marriage Reference, the Supreme Court addressed several questions the government asked regarding draft legislation to change the common law definition of marriage.

The Ontario Court of Appeal dismissed the appeal, holding that the common law definition of marriage offended the equality rights of gays and lesbians under s. 15 of the Charter in a manner that could not be justified in a free and democratic society.

While this may have been true years ago under the common law definition of the crime, burglary can occur at any time of the day.

The 80 minutes of occasionally spirited argument at the high court this morning focused on the two main issues in the greenhouse gas litigation: For the case to go forward, the plaintiffs must prove that the case has legal standing (they must show that the court is the right venue for resolving this dispute), and that the common law definition of nuisance can support suits over greenhouse gases.

Not exact matches

In interpreting the definition of «fiduciary,» therefore, both the common law of trusts and the IAA must be consulted, since it is presumed that «Congress is knowledgeable about existing law pertinent to the legislation it enacts.»

Convergent evolution can not by definition be explained by genetic heritage, but is a result ofthe response of evolution to common and unifying physical laws.

Coalition for Marriage, a group which supports the traditional common - law definition of marriage, said the figures were regrettable and highlighted a need for the Government to better - support marriage via education and the tax system.

All three cases involved a common issue — a new definition by the Supreme Court requiring a formal exercise of government power rather than just a meeting or phone call to prove a quid pro quo bribery scheme under the federal law prohibiting «honest services fraud.»

And to make matters worse, although the laws are in flux in various jurisdictions, active resistance can be seen as necessary for a legal or even «common sense» definition of rape.

Key areas of support include (1) developing English Language Proficiency Standards, (2) facilitating the development of English Language Proficiency Assessments, (3) development of guidance on moving toward a common definition of ELs, (4) inclusion of ELs in state accountability systems, (5) compliance with federal law related to ELs, and (6) guidance on identifying ELs with disabilities.

However, the Common Core Smarter Balanced Assessment Test of a tests is, by its own definition, not a Mastery Test as defined under the law so under no circumstance does that law apply to this year's Common Core testing scheme.

If your co-habitation was more than occasional, and you meet the definition of a common law couple, everything gets more complicated: only one tax exempt principal residence between the two of you is allowed.

The definition contains nuanced requirements that require the taxpayer (or the spouse or common - law partner or child of the taxpayer) to have «ordinarily inhabited» the property with no such definition of what that phrase means.

There can be no question that unions fall within the scope of the term «societies» in the Criminal Code «s definition of person and they must be equally liable for prosecution for a common law crime.

At that time, same - sex couples were excluded from the definition of «spouse» under the Ontario Family Law Act, which limited the definition of common - law spouse to «a man and woman&raquLaw Act, which limited the definition of common - law spouse to «a man and woman&raqulaw spouse to «a man and woman».

The «engage, suffer, or permit» component of the definition does not require a common law «master and servant» relationship, but is broad enough to cover «irregular working arrangements the proprietor of a business might otherwise disavow with impunity.»

The definition of what is «common law» changed and so did the rights common law couples have.

This was the first decision from Canada's top court to hold that the exclusion of same - sex couples from the definition of common law spouses violated the Charter's equality provisions under section 15 and was not justified under section 1.

The top court declared that the exclusion of same - sex couples from the definition of common law spouse was unconstitutional.

Although it contains fewer and less - detailed definitions than a standard law dictionary, its use of terms in context can be illuminating and its explanatory notes and suggestions of common mistakes include tips that any lawyer might find helpful.

find the definition of «medical expense» at s. 118.2 (2), the definition of «common - law partner» at s. 248 (1) and the definition of «child» at s. 252 (1)

(J.C.P.C. # 46, 1888) The definitions and understanding of the term «usufruct» come entirely from Civil Code — At the time there was nothing similar in Common Law, so the idea that First Nations rights were a from of «usufruct»... that provided a right of use, but not ownership, was a new, purely Canadian, idea.

In the absence of any legislative definition, confidentiality obligations are governed by both «common law» (i.e. obligations which are implied into every contract of employment as a result of case law over the years), and specific obligations which are included as express terms of the employment contract.

However, the definition of «spouse» under the section of the Family Law Act pertaining to spousal support, includes common law partners: «either of two persons who are not married to each other and have cohabited, (a) continuously for a period of not less than three years, or (b) in a relationship of some permanence, if they are the natural or adoptive parents of a chiLaw Act pertaining to spousal support, includes common law partners: «either of two persons who are not married to each other and have cohabited, (a) continuously for a period of not less than three years, or (b) in a relationship of some permanence, if they are the natural or adoptive parents of a chilaw partners: «either of two persons who are not married to each other and have cohabited, (a) continuously for a period of not less than three years, or (b) in a relationship of some permanence, if they are the natural or adoptive parents of a child.

The BC Family Law Act which came in to force in March of 2013 extends the definition of spouses and «marriage - like relationships» such as common lLaw Act which came in to force in March of 2013 extends the definition of spouses and «marriage - like relationships» such as common lawlaw.

SCOPE OF APPLICATION: Preliminarily, this definition is intended to apply to common law jurisdictions, from the time of the introduction of the common law into each of those jurisdictions, and continuing into the foreseeable futurOF APPLICATION: Preliminarily, this definition is intended to apply to common law jurisdictions, from the time of the introduction of the common law into each of those jurisdictions, and continuing into the foreseeable futurof the introduction of the common law into each of those jurisdictions, and continuing into the foreseeable futurof the common law into each of those jurisdictions, and continuing into the foreseeable futurof those jurisdictions, and continuing into the foreseeable future.

I'm sure there are plenty of examples of juries doing things that don't make sense, but in general, what makes sense in a self - defense scenario or is common sense, is the very definition of the law.

This common law rule comports with a contemporary definition of suicide.

[The] petitioner requests that this Court enlarge the common - law definition of «person» in order to afford legal rights to an animal.

Comment: Comments noted that the definition of «state law» does not explicitly include common law and recommended that it be revised to do so or to clarify that the term includes evidentiary privileges recognized at state law.

Third, the definition of «state law» has been changed by substituting the words «statute, constitutional provision» for the word «law,» the words «common law» for the word «decision,» and adding the words «force and» before the word «effect» in the proposed definition.

Response: In the final rule, we clarify that, consistent with the «state law» definition in § 160.202, «law» is intended to be read broadly to include the full array of binding legal authority, such as constitutions, statutes, rules, regulations, common law, or other governmental actions having the effect of law.

The holding that bitcoins were money was needed in that particular case because the definition of «investment contract» in the US federal securities law required an investment of money (in a common enterprise with an expectation of profit — the common enterprise does not need to involve money as its object).

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The key shortcomings that are identified are: the Merger Directive's objective is not stated precisely; minimum harmonisation does not lead to a common tax system; exhaustive lists are used as legislative techniques; the Merger Directive does not add much to the outcomes reached through negative harmonisation; and the definitions of qualifying operations are not fully aligned with corporate law.

problems arising from the common law's interpretation of the definition of native title in Section 223 of the Native Title Act, especially the requirement for a «society» and substantial continuity of traditional laws and customs;

The common law is still the central plank on which the statutory definition of native title rests.

The definition in Section 223 of the Act, and the common law's interpretation, especially of «traditional» by three judges of the High Court, has limited the scope of recognition of native title.

As it stands, disabled adult children of unmarried parents are not entitled to child support in Ontario and Alberta unless they are enrolled in full - time education, since common - law partners fall under provincial legislation which includes a narrow definition of who qualifies as a child for the purposes of support, says Silbert, principal of Sharon B. Silbert Professional Corporation.

The NTA, in its definition of native title in s223 (1)(c), requires that any rights or interests sought to be recognised as «native title» must «be recognised by the common law».

The expression «common law of Australia» in para 223 (1)(c) can not mean that every judicial statement concerning the common law of native title is required to be read into the statutory definition of native title.

The problem is that there are good arguments for the proposition that the definition of native title in the NTA was never intended to be a complete codification of the common law, but rather refer back to common law principles: see the arguments outlined in the judgment of Justice Merkel Commonwealth of Australia v Yarmirr (1999) 168 ALR 426, p507 - 515.

This does not obviate the possibility of acknowledging formal knowledge of the existence of Indigenous legal and political systems at a constitutional level or at the common law, as in the case of Mabo The functional approach advocated by the ALRC enables both the recognition of the continuing existence of Aboriginal law and custom and sufficient flexibility for Aboriginal people to be self - determining in the definition of customary law.

This is because the common law construction of native title is imported into the statutory definition of native title at s223, which provides;