Sentences with phrase «contravention of»

The ECJ summarised by ruling that, where a licensee puts luxury goods on the market in contravention of a provision in a licence agreement but must nevertheless be considered to have done so with the consent of the trade mark owner, the proprietor of the trade mark can rely on such a provision to oppose a resale of those goods on the basis of Art 7 (2) of the Trade Marks Directive only if it can be established that, taking into account the particular circumstances of the case, such resale damages the reputation of the trade mark.

Is service of a claim form by the court in contravention of the claimant's request to serve himself...

Shortly afterwards, the Old Bailey aborted another murder trial because witness evidence had been heard by a jury, from anonymous individuals, in apparent contravention of this ruling.

For example, a compliance officer may, without a warrant, conduct a compliance audit of an employer and, for that purpose, may enter and inspect any place in order to investigate a possible contravention of this Act or to perform an inspection to ensure that this Act is being complied with.

But was this brazenly a contravention of Canada's election laws?

In addition, that the definition of «financial crime» in PIPEDA include: fraud; criminal activity and any predicate offence related to money laundering and terrorist financing; all criminal offences committed against financial service providers, their customers or their employees; the contravention of laws of foreign jurisdictions, including those relating to money laundering and terrorist financing.

made by an investigative body and the disclosure is reasonable for purposes related to investigating a breach of an agreement or a contravention of the laws of Canada or a province; or (i) required by law.

Clearly, discriminating against employees or clients, in contravention of our existing duty (under the Ontario Rules) not to discriminate (and Ontario Human Rights law) would run afoul of that obligation, but then, we already have an explicit (and distinct) obligation which addresses such conduct.

In practice the judgment of the Lords reaffirms the status quo as propounded in R v Board of Trustees of the Science Museum [1993] 1 WLR 1171 and R v Associated Octel Co Ltd [1994] 4 All ER 1051, 1063a, where, in the latter case, the allegation was that there had been a contravention of s 3 (1), Lord Justice Stuart - Smith said: «If there is a risk of injury to the health and safety of the persons not employed by the employer, whether to the contractor's men or members of the public, and, a fortiori, if there is actual injury as a result of the conduct of that operation there is prima facie liability, subject to the defence of reasonable practicability.»

It is regarding the Canadian Judicial Council's creation of a provision in its Complaints Procedures that I say is clearly in contravention of the mandate the CJC receives from the Judges Act.

(4) If the provisions of any other Act, other than the Provincial Offences Act, provide for the fines for a contravention of a city by - law, the City can not establish a system of fines under this section with respect to the by - law.

«In addition to actual damages suffered for a breach of CASL's anti-spam and anti-malware provisions, courts will be able to award applicants statutory damages of $ 200 for each contravention of CASL up to $ 1 million for each day on which a contravention occurred.

Adjudicator finds Alberta Energy and Utilities Board did not disclose personal information in contravention of the FOIP Act

The Specific Claims Tribunal determined Williams Lake had established the validity of the claim against the federal Crown: there were pre-emptive purchases of the lands by settlers, in contravention of colonial policy and law; such contraventions constituted a breach of a legal obligation, pursuant to colonial legislation pertaining to reserved lands; B.C. failed to act honourably and was in breach of its fiduciary duties at common law, by failing to put the Indian interest in settlement lands ahead of settlers» interests; Canada was liable for B.C.'s pre-Confederation breaches of legislation and fiduciary duty, pursuant to the Act; and Canada also breached its post-Confederation fiduciary duties by failing to provide reserve lands to Williams Lake.

Any action, award or partial award of the arbitrator in contravention of this limitation may be the subject of court appeal by the aggrieved party.

In Robbinsville, the New Jersey Supreme Court considered whether Keyport «supports a general proposition that, in times of economic crisis, a school board may unilaterally impose furlough days on teaching staff members in contravention of the parties» collective negotiation agreement governing terms and conditions of employment.»

Adjudicator rules personal information released in contravention of Personal Information Protection ActAn Adjudicator with the Office of the Information and Privacy Commissioner has ruled that the Alberta Teachers» Association contravened the Personal Information Protection Act (PIPA), when it published an article containing the personal information of former members.

Any contravention of section 41 is a corrupt practice, and an action alleging the contravention may be commenced within the time provided in the Limitations Act, 2002 in the same manner and the procedure shall be the same as in the case of other actions under sections 99 to 111 (Contested Elections) of the Election Act.

-LSB-...] I hasten to add that if workers continue to fall off roofs in contravention of fall arrest regulations, supervisors can expect that jail sentences will be longer and may well become the norm.

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454 (1) If a court convicts a person for a contravention of a by - law of the City or of a local board of the City without proof of the by - law, another court hearing a motion to quash the conviction may dispense with such proof or may permit the by - law to be proved by affidavit or in such other manner as it considers appropriate.

In Allianz SpA v West Tankers Inc, Case C - 185 / 07 [2009] 1 AC 1138, the European Court of Justice held that Regulation 44/2001 (known as the Brussels I Regulation) did not permit the issuance of anti-suit injunctions to restrain proceedings commenced in another EU Member State in contravention of an arbitration agreement.

In sum, the Information and Privacy Commissioner (IPC) received complaints that the Alberta Teachers» Association (ATA) had disclosed personal information in contravention of Alberta's Personal Information Protection Act, SA 2003 c P - 6.5 (PIPA).

«The facts I have reviewed have provided me with reasonable grounds to suspect that these arrivals have occurred as part of a human smuggling operation, in contravention of section 117 (1) of the Immigration and Refugee Protection Act, for profit or in association with a criminal organization.

Breach of trust occurs when a fiduciary converts something entrusted to them by another person, employer, trust, business or organization to an unauthorized use, with intent to defraud and in contravention of the trust, for example, diverting proceeds.

«This decision appears to be in direct contravention of the Canadian Charter of Rights and Freedoms and it is time that the Board stops using policy to deny rightful compensation to injured workers suffering from chronic mental stress,» said Ontario Federation of Labour President Chris Buckley.

(b) that motor vehicle is operated by a person who is in contravention of or fails to comply with this Act,

In addition, it imposes onerous and often unenforceable new conditions on educational institutions and requires actions from them which may well be in contravention of existing legislation and contracts.

9 (1) A police officer, or the occupier of premises, or a person authorized by the occupier may arrest without warrant any person he or she believes on reasonable and probable grounds to be on the premises in contravention of section 2.

Therefore, there is no contravention of the Code.

Not all copying is a contravention of the copyright act.

(a) I would restore her order that the Employer cease its contravention of s. 13 of the Code and refrain from committing the same or a similar contravention;

The first two cases are concerned with the contravention of the First Conduct Rule, it remains to be seen as to how the Commission will enforce against market players who are in breach of the Second Conduct Rule.

Second, that the chambers judge improperly refused to take the views of the children into account, amounting to a contravention of the Convention and an error in the exercise of his discretion.

In some states, the inclusion of the warning prescribed by law for a particular toy or category of toys may absolve the manufacturer of liability for a choking injury that results from the toy's use in contravention of the warning.

Authorize the Director of Employment Standards to publish information related to a deemed contravention of the ESA after a notice of contravention is issued

Under that provision, the Superior Court of Justice may award damages, not exceeding $ 10,000.00 for mental anguish resulting from the willful or reckless contravention of the statute.

recovery of damages resulting from a breach or contravention of the tenancy agreement by the landlord

The court found those representations to have been false, and that making those representations was in contravention of a previous Ontario Securities Commission ruling which prohibited the developer from marketing the hotel condominium units as a profit - making investment.

In Owen, the court was faced with non-payment of spousal support by a wealthy husband, in contravention of the terms of a separation agreement.

An employee who believes on reasonable grounds that there has been a contravention of this Part or that there is likely to be an accident, injury or illness arising out of, linked with or occurring in the course of employment must (with exceptions) before exercising any other recourse available under the law, make a complaint to the employee's supervisor.

«The only effect of a positive vote will be to make same - sex couples, and their families, unequal to everyone else; this is discrimination in its rawest form... There is no Massachusetts precedent discussing, or deciding, whether the initiative procedure may be used to add a constitutional provision that purposefully discriminates against an oppressed and disfavored minority of our citizens in direct contravention of theprinciples of liberty and equality protection by Art. 1 of the Massachusetts Declaration of Rights.»

In particular, the plaintiffs claim that the arbitration agreement that Uber drivers are forced to sign is in contravention of the Employment Standards Act and unfair, as it requires class members to travel to Amsterdam, Netherlands to resolve their disputes.

(b) publish, broadcast, reproduce or otherwise disseminate a photograph, motion picture, audio recording or record taken in contravention of clause (a); or

The tribunal therefore made the correct decision by concluding that the provision does not create discrimination, and therefore there was no contravention of the Charter.

What this ultimately means is that even though it is likely that the CIA committed acts in contravention of several international human rights standards, the ICC has no jurisdiction to prosecute responsible officials.

For example, the maximum fine for contravention of the Act or regulation is increased from $ 500 to $ 1000

In Bradley v Bath, another case dealing with a cyclist's contravention of Section 183 of the Motor Vehicle Act, the British Columbia Court of Appeal considered the liability of a cyclist riding on a sidewalk that collided with a driver of a vehicle exiting a gas station, and stated that:

74.15 If a temporary help agency charges a fee to a client in contravention of paragraph 8 or 9 of subsection 74.8 (1), the client may recover the amount of the fee in a court of competent jurisdiction.

Represented broker - dealers in enforcing non-solicitation covenants that have been breached by registered representatives who have attempted to transfer their «book of business» to a new broker - dealer in contravention of their employment agreements